If you are involved in a Florida probate litigation with claims of UNDUE INFLUENCE, you may want to read a December 11, 2015 Nebraska Supreme Court case which was a will contest. The case is Estate of Clinger, 292 Neb. 237, No. S-13-769, ____ N.W. 2d ____:https://supremecourt.nebraska.gov/sc/opinions/2015-12-11.
What Do I Need to Know About Undue Influence to Win My Probate Litigation Florida?
- Why in the world would someone in Palm Beach who is trying to overturn a will want to read a Nebraska will contest case that was un-successful?
- Well, most probate lawyers Florida will tell you that a lot can be learned from reading appellate opinions on will challenges, especially appeals court probate opinions on mental state, undue influence and similar fact patterns
- The unsuccessful will contest case involved six children, some of whom became concerned about their mother Mary’s financial situation in 2000
- There was a conservatorship proceeding, or, what guardian lawyers Florida call aguardianship or plenary guardianship
- Mary got upset with the guardianship proceedings because she felt a guardianship was not necessary
- In August of 2001, Mary signed a new will
- 10 years later, in 2011, Mary signed another new will, with some changes to the percentages each child received
- This will challenge lawsuit discusses the burden at trial, the burden or presumption of undue influence which may exist if certain facts are present
- This case also defines undue influence and sets forth the four (4) elements of undue influence
- Anyone such as a family member, son in law, heir, beneficiary of a living trust Boca Raton, or a 2nd or 3rd spouse or step daughter may want to read this will challenge toget some perspective without getting a bill from your probate litigation law firm West Palm Beach
Nebraska Supreme Court Case on Undue Influence
- Here is a recent, December 11, 2015 undue influence case involving an estate from the Nebraska Supreme Court: https://supremecourt.nebraska.gov/sc/opinions/2015-12-11.
- This recent undue influence case is called The Estate of Clinger and the link above will take you to the page where you can retrieve a .pdf of the supreme court will contest opinion.
- This undue influence will challenge lawsuit may shed more light and provide insight into understanding undue influence cases
- The bottom line on the medical records is that your estate litigation law firm West Palm Beach needs to know how to get the medical records, how to review them and evaluate them, and then how to use, or perhaps, not use, them at the inheritance lawsuit trial Boynton Beach
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