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In Florida Probate Law, Is a Beneficiary Designation Valid When the Designator is Subject to Undue Influence?

Uncategorized • Apr 5, 2016
post about In Florida Probate Law, Is a Beneficiary Designation Valid When the Designator is Subject to Undue Influence?

Can a person name a beneficiary of his or her accounts while he or she is subject to undue influence? What if my brother’s girlfriend coerced and manipulated him into making her the beneficiary of all of his accounts? Under trust and estates law, is there something I can do to make this right? Can a Florida probate litigator help me with this issue?

Undue Influence

  • Probate lawyers know that a beneficiary designation should reflect the actual intention of the designator.
  • The same goes for a person who is drafting a Florida trust or Florida will.
  • Undue influence can cause a person to designate accounts to people they really didn’t intend to give them to.
  • What can you do about this?
  • Have you hired a trusted Florida trust and estates litigator to assist you?
  • If a person is found to be subject to undue influence at the time they made the designations, the designations may be void.
  • A Florida probate attorney can determine the strength of your case.
  • Keep in mind that, in Florida probate litigation, there are time restrictions so the clock may be ticking!
  • Want to learn more?
  • Read this recent New York Daily News article about a New York case involving an exotic dancer who was able to inherit everything from an HBO executive.

Liu v. Beckham

  • According to the article, Micky Liu, an HBO executive, named Veronica Beckham, a professional exotic dancer that he only knew for a few months, as the beneficiary on his 401(k) account, retirement plan and life insurance policy.
  • Mr.Lui recently passed away and his sister is accusing Ms. Beckam of manipulating her brother into doing this.
  • Ms. Liu has filed a lawsuit and is demanding that the money be returned to her family.
  • Is this a case involving undue duress?
  • Was there a confidential relationship between Mr. Liu and Ms.Beckham?
  • Does it matter that Ms.Beckham only knew Mr. Liu for a few months before she inherited his fortune?

Want to learn more?

Read the entire article by clicking here.

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