Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question. Often, they question last minute changes to an estate plan. Florida probate fraud may also exist if a fiduciary intentionally hides information. What should probate litigators in West Palm Beach know about probate fraud?
- If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud.
- When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust.
- Trust and estates lawyers know that undue influence is a type of fraud.
- Here is a FREE VIDEO on undue influence & probate fraud.
- What is undue influence?
- Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion.
- If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence.
- In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them.
- If you think you are a victim of probate fraud, what should you do?
- You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter vivos transfer.
- The legal rationale behind an undue influence lawsuit in Florida is that a will or trust was not really voluntarily signed by your mom or dad: that, rather, the new will or trust, which dis-inherits you, was the product of, and was orchestrated by, another- such as a sibling that you don’t get along with or who is jealous of you.
- To learn more about undue influence, you may want to read Hall v. Hall.
Hall v. Hall
- This was an April 27, 2016 Third District Court of Appeal opinion.
- Here, the undue influence claim was rejected based on testimony of persons present at the time of the execution of the will and trust and on expert testimony/medical records.
- The witnesses testified that the will and trust were properly executed in that they were prepared at the request of the decedent and they were not actively procured by decedent’s daughter( the personal representative under the Florida will).
- To read the entire case, click here.
Probate Fraud & Trust Litigation in Florida
Probate Fraud & Trust Litigation in Florida