How to Defend an Undue Influence Probate Lawsuit in West Palm Beach.

Experienced Palm Beach probate litigators know just because a  will contest has been filed does not mean it has merit. Do you know how you plan on defending against fraud or undue influence in aprobate lawsuit? You are going to have rebut certain presumptions of undue influence (if they arise). What evidence do you have to show the Court?

Undue Influence

• Undue influence is what the probate courts call it when one party uses their mental power to overcome the will of an individual.
• Usually one party is going to present evidence of suspicious circumstances that create something known as a presumption of undue influence.
• Do you know a presumption does?
• It makes the jury or Court presume that something is afoot (undue influence).
• After this type of evidence is presented it becomes the other parties burden to prove that there were not suspicious circumstances.
• Does that make sense?
• The probate trial turns into an evidentiary tug of war.
• Probate lawyers often have to defend against undue influence after the other side has framed the story so that it appears suspicious.
• Do you know how we do it?
• Check out this recent appeal out of Illinois to learn more.

In re Estate of Enoch

• This was a will contest brought by two sisters against the other when she got a bigger chunk of the mother’s estate.
• This was a bench trial.
• Which means there was no jury.
• How do you think that changed the probate lawyer’s trial strategy?
• The sisters had provided sufficient evidence to warrant a presumption of undue influence.
• The other sister stuck to the facts.
• She showed that her mother had executed over 11 new wills and codicils towards the end of her life and that all of them gave uneven shares favoring her.
• She also showed evidence that the mother had a distrust for the two sisters over drama involving a family trust.
• Do you have the facts and the trial strategy to win a case brought against you for undue influence?

Check out the case of In re Estate of Enoch to learn more just click here.

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