How Do Florida Probate Courts Determine What Constitutes Undue Influence?

Florida probate lawyers know that a will should reflect the actual intent of the party that drafted it. So what happens when a caretaker or adult child exercises undue influence over a testator in Florida? Florida will contest lawyers may be able to set aside a will for lack of testamentary capacity, duress or fraud. Do you know how long you have to file a will contest in Florida?

Will Contests

• Florida estate attorneys may be able to file a will contest to kick the will out of probate.
• That being said, probate attorneys Florida know that time of the essence.
• In Florida you may have as little as three months to file a will contest.
• When does the timer start ticking?
• Have you been served with a notice of administration?
• Florida probate attorneys know it is very important to read the notice of administration.
• What happens if you were not served with the notice?
• You may still be on notice if it was published in a local newspaper where the estate is being administered?
• That being said if you are a listed beneficiary personal service may be required.
• What else do you need to know about will contests for undue influence?
• Check out this recent case out of Tennessee, what does this have to do with Florida probate litigation?

Estate of Davis

• This was an appeal based on a will contest and undue influence.
• Florida estate attorneys know that in order to prove undue influence you may have to prove the existence of a confidential relationship.
• What exactly is a confidential relationship?
• Are parents and kids in a confidential relationship?
• What about caretakers and the elderly they take care of?
• These are the types of issues a Florida estate attorney deals with on the regular.
• In this case the parties were able to prove the confidential relationship but then hit another hurdle.
• The jury or judge found that they had overcome the presumption of undue influence.
• What does that mean in Florida estate litigation?
• Is this the end of the road?

Want to learn more?

Check out the entire case by clicking here.

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