What is undue influence in Florida probate litigation? What happens if an attorney exerts undue influence on a client? How can an attorney exert undue influence over a client? If you are involved in aninheritance lawsuit in Florida, like a will contest or undue influence contest, you may want to read a May 6,2016 Indiana case to give you a better understanding of undue influence claims and the complexity of winning them in your Palm Beach trial.
Undue Influence in Florida Probate Litigation
- What is undue influence?
- Trust and estates litigators know that undue influence is a form of fraud
- Undue influence, in Palm Beach, must be pled with “particularity“.
- Skilled probate litigators know how to prove undue influence in a Palm Beach inheritance lawsuit.
- Experienced litigators West Palm Beach also know what specific evidence you need to prove undue influence, and how to get that evidence into trial.
- Palm Beach probate court has special rules and procedures for undue influence trials.
- Florida Probate Law has very specific statutes and important cases on undue influence in Palm Beach.
Eizenga v. Unity Christian School of Fulton
- This is an Illinois case regarding undue influence and an interpleader action filed by the trustee of a revocable trust.
- Why on a Florida probate, trusts, and estates blog are we speaking about an Illinois case?
- This case will give you a prospective of issues, which you may be dealing with in your Florida trust and estates trial, from another jurisdiction.
- Here, there was an undue influence allegation against a client’s estate planning attorney.
- Many times estate planning attorneys Delray Beach are very close to their clients.
- Estate Planning lawyers Boca Raton advise clients regarding probate issues, and how to leave their wealth.
- In addition, Florida trust and estates lawyers assist clients with the preparation of theirtrust or will.
- Therefore, Florida estate planning lawyers can be very influential to a client.
- Can an estate planning attorney overstep boundaries and influence the client too much?
- Can things go wrong?
- Yes, anyone is capable of exerting undue influence over someone, especially if the person is elderly or disabled.
- In this case, an interpleader action was filed by the trustee of the decedent’s revocable living trust.
- The trustee filed the interpleader action against a number of non-profits.
- The trustee alleged that the decedent had an attorney who exerted undue influenceover him, causing him to leave the bulk of his estate to one particular charity.
- Again, what is undue influence in Florida in the estate context?
- Undue influence is a basis to overturn a Palm Beach will or trust.
- Here, the drafting attorney was ordered to turn over his estate planning file and refused.
- He was held in contempt of the court, and he appealed.
- Illinois said there’s a testamentary exception to the attorney-client privilege.
- What does this mean?
- While the attorney client privilege does survive death, there is an exception.
- What is this exception?
- Florida and Illinois have a very similar testamentary exception.
- To read the entire case and learn more about undue influence, which could potential become an issue in your inheritance lawsuit in Florida, click here.
Want to know more about Florida probate litigation? Consider these free resources:
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- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml
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