What do Florida probate lawyers need to know about undue influence probate litigation? More than you may think. Florida law can be very confusing about what constitutes undue influence. Do you know the rules? Have you spoken with a Florida estate lawyer about your potential probate lawsuit? Check out this recent probate appeal centered around a family trust to learn more.
Undue Influence
- What is undue influence in Florida probate?
- Florida estate lawyers know that undue influence is one someone overcomes the intent and will of someone else through improper channels.
- That may sound easy to prove but Florida estate attorneys know there are caveats to that as well.
- What else do Florida will contest lawyers need to know before filing a probate lawsuit in Florida?
- For one thing the type of relationship between the alleged influencer and the testator can be very important.
- Florida probate attorneys often look for a “fiduciary type” or “confidential” relationship.
- Do you know what that means?
- Do you know why it is so important to have in an undue influence lawsuit?
- Florida estate attorneys know these things help create a presumption of undue influence that the other side may be forced to rebut.
- What else do you need to know about undue influence?
- Check out this recent appeal from California to learn more.
Arambula v. Acosta
- This was an appeal centered around undue influence in a trust dispute.
- A woman died leaving seven kids.
- She also left a trust which held most of her assets and she left the entire trust assets to only two of her children.
- Can you guess what happened?
- Florida estate lawyers know this is basically asking for Florida probate litigation.
- The sister sued saying that the brother had used undue influence to get the house.
- Do you agree?
- The probate court sure did, and so did the appeals court.
- What do Florida probate lawyers need to know about cases like this to win will contests and trust disputes?
Want to learn more?
Check out a free copy of the case by clicking here.
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