5 Red Flags of Undue Influence in Florida — undue influence warning signs
What are the 5 most common red flags of undue influence? Well, it’s hard to say since there aren’t any surveys or reports that I know of. But what are the warning signs of undue influence? Experience as a Florida estate attorney who handles undue influence trials and probate litigation suggests:
- Having a Confidential Relationship — developing trust and confidence with the victim. Red flags go up when a person with money or property in Florida places great confidence and trust in someone. Always? Of course not. Red flag gets bigger when the person who is given this trust and confidence may not be a family member or may not have know the victim long. Other red flags fly when someone who previously had no involvement with mom or dad’s money is given authority. It’s one thing to trust your Florida estate lawyer or accountant. After all, these are professionals whose conduct and license to practice are highly regulated. They should be trusted. It’s another thing when mom or dad disclose financial data or give authority to a stranger with no job and lots of time on their hands.
- Access: Being close in proximity (geographically) and otherwise. Red flags go up when someone is close to one with money or property. Family members who have been dis-inherited or “cut out” of a will or a Florida estate in favor of a caretaker or a “stranger” to the family complain: watch out. Many times, family members live far away, raising their own family while mom or dad is alone in Florida. Being social and friendly is one thing: giving over control to a stranger or someone who feins interest in mom or dad’s well being is another.
- Susceptibility— if mom or dad or a loving aunt or uncle is in a weakened state, lonely, or is recovering from a broken hip or fall….. this is a red flag or undue influence warning sign. When one’s physical and mental health begin to diminish, they are more susceptible to undue influence, force, over pursuasion and control.
- Getting on the Bank Account (Going to the Bank)– if someone new to your mom or dad’s financial affairs is all of a sudden going to the bank with them, that’ a red flag. Are they just driving your rich aunt to the bank in Boca Raton, or are they going inside, meeting with bank officers, watching Aunti sign documents? Getting a key to the safe deposit box? Getting on the Signature Card or the Joint Account?
- Going to a Lawyer’s Office— undue influence can cause one to radically change an estate plan or amend a revocable trust. Whose idea was it to go to a Florida estate lawyer? Is the Florida estate lawyer a new one who was chosen or picked out by the person who may be forcing your mom or dad to go to an estate lawyer? Why didn’t your rich uncle from Jupiter, Florida go to his long time estate lawyer?
Undue influence can cause a will or trust to be void in Florida.
There are Probate Code sections and laws on undue influence.
Undue influence, if proven, can also void a gift of money, a beneficiary change, a joint bank account or a retirement account.
One thing we did not mention…..what about getting a power of attorney?