Many family members and heirs who got cut out of a will or dis-inherited ask Florida estate attorneys from Palm Beach Gardens to Delray Beach about undue influence.
Undue Influence: Why Probate Litigators Get Asked So Much About This
- Undue influence is one of the ways to void a will in Florida
- And don’t forget that undue influence can also unwind a sale, large gift of money or a family business, and even amendments to revocable trusts. (Remember: everyone is using revocable trusts in Florida, not just a will, to leave inheritances. )
- What about a change of beneficiary on a bank account, retirement account, joint account or IRA or life insurance ? Yup.
- There are specific statutes on undue influence in the Florida Probate Code
- From an estate litigation standpoint, there are also important evidentiary and procedural rules regarding the PRESUMPTION of undue influence when there is a Florida will contest, also referred to as a Florida will challenge
- Florida probate lawyers understand the concept
- Palm Beach probate litigators actually try cases on undue influence
- They seem to know so much about it because a number of people who get cut out of a trust or a will call up assuming that undue influence occurred
So, what are the most common forms of undue influence in Florida?
Here are 5 Common forms of Undue Influence that Florida probate courts are being exposed to. If you are involved in a Palm Beach probate and the issue of undue influence arises, read the Carpenter case and talk to a probate litigator —one who actually tries cases and knows evidence, not just a probate lawyer who writes a will or trust now and then.
- Getting to the Bank….who is taking your elderly mom or dad to the bank? And why……………..? Did that person have access to the house and did they see the mail and the bank statements so they know how much mom or dad is worth?
- Getting on the Bank Account…………..why is someone’s name getting put on a joint bank account or signature card? Does that mean that person has unrestricted access to the bank account?
- Getting the POA………..did someone get your mom or dad a power of attorney in Florida and that person now has control?
- Getting on the Deed….. did someone actually use the power of attorney to transfer the house or get their name “put on the deed ? “
- Getting in the Will or Florida Revocable Trust. …… is someone who was given trust and confidence by your elderly rich aunt in Boca Raton or your rich uncle who retired to Jupiter taking them to a lawyer to change the estate plan?