A lot of time clients in West Palm Beach probate lawsuits forget that Florida probate litigation is grounded in provable facts. You cannot just ask the Court to listen to what your Florida trust lawyer says, you have to prove it, with evidence. Failure to do so could mean you end up like this daughter in an Ohio will contest gone wrong. Do you know what you need to show to prove undue influence?
Proving Your Will Contest
- Estate lawyers in Florida know that a case is about evidence, not just stories and anecdotes.
- If you want to file a probate lawsuit and are seeking a probate litigation attorney you should realize that you have to give them something to work with, not just your suspicions of undue influence.
- Florida probate lawyers have to be able to show the probate judge that a testator was subject to undue influence, and that undue influence was exerted or attempted if they want to win on grounds of undue influence.
- What about for grounds of fraud?
- How do you prove lack of testamentary capacity?
- You should leave the real specifics of law to the Florida estate lawyers but you have to give them the evidence to work with.
- Do you have texts showing that your step mother would not let you visit your father?
- That may be a start to a great Delray Beach will contest but keep in mind it is just a start.
- Probate attorneys Florida will not take a case they do not think they can prove usually.
- Florida estate attorneys also have experience and know where to find the evidence, you maybe surprised to learn how much evidence there really was!
- Check out this recent case to learn what happens when there is not enough evidence.
Estate of Kretzler v. Kretzler
- This by no means a new narrative, a daughter brought a will contest regarding her father’s estate claiming that her step mother had exerted undue influence, duress and fraud.
- Do you know the difference between duress and undue influence?
- Either way the girl lost on summary judgment when the judge held that there was not enough facts to prove her case, so she appealed.
- The appeals court of Ohio did not budge in favor of the daughter either.
- On appeal the Court noted that she failed to prove the essential elements of undue influence.
- Make sure that before you bring the case to Court you actually have the evidence to prove it, other wise you could end up on appeal with the same problems.
Want to learn more?
Check out the entire case by clicking here.
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