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Court considered allegations of undue influence by decedent’s live in girlfriend. In re DiDomenico 101 A.D.3d 998 (N.Y. App. Div. 2012)


Undue influence in the context of probate refers to the exertion of improper pressure or coercion that significantly impacts an individual’s free will in executing a will or trust. It involves manipulating the testator to make provisions that they may not have otherwise made, undermining their independent decision-making. The legal standard requires a showing that the influencer’s actions amounted to moral coercion, restraining the testator’s autonomy and compelling them to act against their true intentions.

In In re DiDomenico 101 A.D.3d 998 (N.Y. App. Div. 2012), the Surrogate’s Court in Westchester County faced an appeal from objectants challenging the admission of the decedent’s will to probate. The case revolved around allegations of undue influence in the execution of the will, with objectants contending that the petitioner, Maria Maiorano, exerted improper influence over the decedent, Frank DiDomenico.

Background Facts
Frank DiDomenico, survived by three children, passed away in 2008. Living with Maria Maiorano since 1995, DiDomenico executed a will appointing Maiorano as executor and beneficiary. The will also included bequests to DiDomenico’s grandsons and divided the residuary estate among his children. The estate, valued at approximately $1,050,000, became the subject of dispute when objectants challenged the will’s validity, alleging undue influence.

The central issue in this case was whether the decedent’s will was a product of undue influence exercised by Maria Maiorano. Objectants sought to establish that Maiorano’s influence restrained the decedent’s independent action and compromised his free will, rendering the will invalid.

The Surrogate’s Court granted summary judgment, dismissing the objection to probate based on undue influence and admitting the will to probate. The court found that Maiorano had established her entitlement to judgment by demonstrating, through affidavits and self-proving affidavits, that the decedent acted independently, understood the terms of the will, and was not unduly influenced.

To contest undue influence, objectants needed to show that Maiorano’s influence amounted to moral coercion, restraining the decedent’s independent action. However, the court determined that objectants failed to raise a triable issue of fact. Allegations were deemed conclusory and speculative, lacking concrete evidence of undue influence. The court considered the nature of the relationship between Maiorano and the decedent, noting the close, family-like ties they shared for nearly 14 years.

Ultimately, the Surrogate’s Court affirmed the decree, emphasizing the lack of evidence supporting the claim of undue influence.

To prove undue influence, specific evidentiary elements must be presented. First, there must be a demonstration that a confidential or fiduciary relationship existed between the influencer and the testator, creating a situation of trust and reliance. Next, the objecting party must establish the influencer’s opportunity and motive to exert undue influence. This involves providing concrete evidence of the influencer’s ability to control or manipulate the testator, such as isolating them from others or controlling access to information. Additionally, the objector needs to show the specific acts or conduct constituting the undue influence, specifying when and where these actions occurred. Mere speculation or conclusory allegations are insufficient; the evidence must be substantial, identifying the influencer’s motivations, opportunities, and the actual exertion of influence on the testator’s decision-making. Meeting these criteria is crucial for a successful challenge to the validity of a will based on undue influence.

The decision in In re DiDomenico underscores the importance of substantiating allegations in probate disputes, especially when challenging the validity of a will based on undue influence. The case highlights the court’s careful consideration of evidence and its role in ensuring the fair and just administration of probate proceedings.

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