Florida Case On Undue Influence, Man’s 4th Wife Attempts To Take Everything Under An Invalid Will.

Are you challenging the validity of a Will in Florida? Perhaps you feel that a Palm Beach Will, Trust or it’s Amendments should be invalidated based on undue influence? Here are the things you need to know about Undue Influence in Florida.

• The rule of undue influence is based upon the theory that the grantor of the will is induced by various means to execute a document, such as a Boca Raton Will or Trust.
• The undue influence must amount to over persuasion, duress, force, or coercion.
• This over persuasion destroys the free agency and willpower of the grantor of a Delray Beach will or trust.
• Undue influence is not usually exercised openly in the presence of others and is thus difficult to prove directly.
• The Florida Supreme Court, has established a set of non-exhaustive factors for courts to consider on the issue of undue influence known as the Carpenter factors.

What do I need to prove in Florida to Invalidate a Palm Beach Will or Trust?

• The Florida Supreme Court has a list of factors to consider in cases of Undue Influence.
  • Was the beneficiary of this will present at the execution of Boca Raton will?
  • Was the beneficiary present on the occasions where the client expressed a desire to make a will in Florida.
  • Did the beneficiary recommend an attorney to draft the will?
  • Did the beneficiary have knowledge of the contents of the will prior to the execution?
  • Did the beneficiary instruct the drafting lawyers on how to prepare the Florida will?
  • Did the beneficiary secure witnesses for the Palm Beach Will?
  • Did the beneficiary keep the Delray Beach Will in safekeeping after the execution?

How do Florida courts handle cases involving undue Influence?

• Blinn v Carlmann, a recent Florida 4th District Court of Appeal case involves a 4th wife altering her husbands West Palm Beach Will.
• Richard Blinn was 82 in 2007 and in deteriorating health mentally and physically.
• In 2008 Richard’s 4th wife Demetra, with the help of two lawyers drafted a will under suspicious circumstances.
• The 2008 Florida will completely changed Richard’s Palm Beach estate plan.
• The estate that was once to be inherited by Richard’s daughter now was soley to be given to Demetra upon Richard’s death.
• the 2008 will essentially disinherited Richard’s daughter.
• Demetra also used Richard’s feeble mental state to manipulate him and turn him against his family.
• Demetra took advantage of her husband and used it to induce the fraudulent will.

The facts of the Blinn case included some pretty bizarre facts, and behavior by Demetra that the trial judge described as bold, open displays of influence over her now deceased husband. To read more about this case follow this link to the free opinion posted by the Florida 4th District Court of Appeal. http://4dca.org/opinions/March%202015/03-18-15/4D13-1156.op.pdf