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Undue Influence Lawyer Florida

FAQs Nov 18, 2021
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Need an undue influence lawyer Florida? Understanding this legal concept can assist in finding an experienced attorney for your will contest or trust contest. To see a free video on undue influence, you can click HERE. To read more about undue influence, click HERE. Now, let’s discuss this topic in light of a November 17, 2021 opinion from the Miami-Dade Appellate Court. What is Undue Influence? Undue influence is a form of fraud that can cause a will or trust to be void. If someone caused a will or trust to be signed by undue influence, it’s void. Undue influence is over-pursuasion, force, coercion. Pressure. When that pressure or force or influence is so great, the “undue-influencer’s” desire and intent replace the victim’s. To read more about this legal topic, click HERE. To read about the warning signs of undue influence, click this FREE Florida probate legal commentary. Recent Appellate Opinion Undue Influence Lawyer Florida On November 17, 2021, the 3rd District Court of Appeal issues its opinion in the case of In Re: Estate of Tien. You can read that opinion for free . That case dealt with related issues involving a challenge to the will, a voluntary dismissal and a caveat.

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What is a Revocable Trust Florida?

FAQs Nov 7, 2021
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Millions and billions of dollars pass through revocable trusts in Florida to beneficiaries, family members, in-laws and even outlaws. But many people mis-understand what a revocable trust is. This is your easy-2-understand guide. We have previously written about these estate planning documents, or entities (click HERE to read more). Now, let’s go a bit deeper. What is a Revocable Trust Florida? Background — why do I care? You need to know about revocable trusts for 2 main reasons. First, everyone in Florida has them ! (Mostly everyone !!). They work just like a will….sort of ! They are part of a Florida resident’s estate plan. They can work with a pourover will and also a power of attorney. Most of the time, someone has a will that leaves most everything to their revocable trust. Then, the revocable trust gathers assets and administers those assets according to the trust document. The trust document may, for example, distribute everything right then and there. Or, keep money in trust for years and years to come. (Some beneficiaries may never get a dime. And some may not see any money for decades unless you modify the trust. Want to modify a trust? Start by reading this law. ) What else do I need to know about what is a revocable trust Florida? What is a revocable trust ? Second, that’s how a lot of inheritances are left or created. Through one of these trusts. While most of the time a lawyer writes a trust. […]

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Disqualifying an Attorney in Florida — in a nutshell

FAQs Nov 7, 2021
post about Disqualifying an Attorney in Florida — in a nutshell

Even though attorneys are often the brunt of jokes, they do serious work. And are held to high ethical standards. They owe duties of loyalty to clients. As they should, right? And they should be disqualified if they are presented with a conflict of interest. This Florida legal commentary will discuss disqualifying an attorney in Florida. Including a November 3, 2021 appellate opinion. (We have previously discussed this subject HERE and HERE.) Even if you are a FORMER client, you have rights. Ethical Duties of Florida Lawyers Lawyers in Florida are held to high ethical standards. Lawyers owe clients a duty of loyalty. The Florida Bar has an Ethics Hotline that consumers and attorneys can call. You can review, search, and read, for free, Florida Bar Ethics Opinions online. A lawyer must always act in the best interest of her client. And while a lawyer is not required to be perfect, she must always seek to put the client first. That’s what a fiduciary does. You place your client’s interest over everyone else’s, including your own. And when your interests as a lawyer conflict or collide with a client’s, the lawyer must disclose that conflict. In most instances, the lawyer must also end the representation. Although, some conflicts may be knowingly (and voluntarily) approved of, or consented to, by the client. To read more about ethical duties of Florida lawyers, read the Rules Regulating The Florida Bar. Focus on Chapter 4 Rules of Professional Conduct. Disqualifying an Attorney in Florida […]

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Florida Trust Fraud

Probate Information Oct 22, 2021
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Disinherited from a trust? Bad trustee? If you are a financial victim and lost an inheritance, you don’t have a lot of time to act. Depending upon what your trustee, or her trust lawyer, may have sent to you, you may only have 6 months. To do what? To file a trust contest or object to the validity of the trust. Or to object to trust money decisions. We have previously discussed Florida Probate Fraud. Now, let’s talk about Florida Trust Fraud. (To see a free Florida Trust Video on a trust challenge, click HERE.) Kinds of Fraud — bad trustees Under Florida law, there are actually many types of fraud. Constructive fraud is when a person who is required to disclose information does not. Sounds like a bad trustee, right? You got it. The Florida Trust Code sets forth a LOT of trust beneficiary rights. And, there are also a lot of DUTIES owed by a trustee to her beneficiaries. So much more than just an annual accounting. A trustee has to give “qualified beneficiaries” notice of the trust with her contact information, the name of the trustee. And the trustee has to give you a copy of the trust. No hiding the ball ! (That’s fraud !) And, a trustee is REQUIRED to provide relevant data when you, a beneficiary, asks questions. So, if the trustee lies, that’s fraud. Intentionally withholds information? Fraud! And if the trustee steals, we KNOW that’s fraud, right? That’s what Florida Probate Litigators […]

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Trust Standing Florida — who can attack a trust?

In the News Oct 22, 2021
post about Trust Standing Florida — who can attack a trust?

Want to object to a trust? You need trust standing Florida to bring a trust contest. Also called a “trust challenge.” That means you have to have some connection to the trust, a prior trust, the trustee, or the dead person who created it. A recent Florida Appellate Court decision tells you more about whether you can attack a trust. It’s worth a read whether you want to have the trust voided, or if you are the trustee, and you have to defend the lawsuit. 1st Steps 1st — what is standing and why do I need it? What is trust standing Florida? Why does it matter? Think of standing as the legal connection one has to the trust. After all, everybody in the world can’t come in and object to a trust or launch a trust challenge. You need some connection. You have to have an interest that was affected by a trust before you can file a trust lawsuit attacking it. And it matters for two reasons. 1st, family members and prior beneficiaries may want to challenge a change to the trust if there was undue influence or fraud. And — 2nd — let’s face it, there are a lot of trusts in Florida! Holding billions and billions of dollars. And many times, a trust will be “restated” or “amended.” Or revoked ! And a new trust created. Not surprisingly, those trust documents often leaven out certain family members, or beneficiaries. Sometimes they leave more to another family […]

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What Is Undue Influence?

Probate Information Oct 20, 2021
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What is undue influence? In Florida, people often “unduly influence” others to change a will or trust. That’s not proper. And not allowed. it’s actually fraud. A will or trust or bank account that is caused by this is not valid. Dis-inherited beneficiaries and loved ones can win back their inheritance if they prove the presence of undue influence. This concept is something that many beneficiaries and heirs want to know more about when it comes to a last minute will signing or inheritance. This Florida probate legal commentary will discuss what it is and the warning signs. To see an introductory, Free Probate Video on this topic, click HERE. What is Undue Influence in a Nutshell? Undue influence is a species of fraud. It has been described as over-pursuasion, force, coercion or duress. When someone does this, they, in essence, destroy the free will or free “mind” of the victim. And replace it with their own financial desires and motives. It is often said that a will or a trust document created by this force or coercion is NOT the product of the person signing the will or trust. But by the perpetrator. The fraudster. The “undue-influencer.” What is the effect of a will or a trust that is caused by undue influence? It is void. You can read Section 732.5165 of the Florida Probate Code. What are some situations that MAY be undue influence? Possible Examples “Sign the will or I’ll leave you!“ “Change the trust or you’ll […]

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Undue Influence Florida

In the News Oct 20, 2021
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There are dozens if not hundreds of claims each year of undue influence Florida. Learning about this concept will assist you in understanding how you lost your inheritance in a trust or estate. If you have been sued for this, a recent, October 13, 2021 opinion will help you get your arms around what you have been accused of. Who Stole My Inheritance? A claim of undue influence Florida is serious business. After all, if you make that claim, you are calling out some probate fraud. Undue influence is when someone causes another to sign a document or do something that really isn’t there idea. It’s the idea of the “undue influencer.” If someone is “undue-influencing” another, the person who does that is trying to take financial advantage of another. The person who is doing it may be referred to as the financial predator. The recipient of the undue influence may be called the victim. Think of it in the context of will signing or changing a bank account beneficiary. “Put my name on the bank account or I’ll put you in a home and you’ll never see the grandkids.” Did someone use force, or coercion to have you sign that will? Even over-pursuasion counts. Does Your Case Have the Warning Signs? Here are some warning signs to look for to help determine if there was undue influence in a will signing, beneficiary change, bank account change or trust document: WHO came up with the idea to do this — […]

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Who Inherits in Florida?

Probate Information Oct 11, 2021
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This is your 1-stop-shop for learning who inherits in Florida. If you are wondering about an inheritance. Or are involved in a Florida probate. If there is a will challenge or fight over a joint account. Here are the 5 secrets to inheriting in Florida. The Rule of 2 There are 2 quick & simple rules for who inherits in Florida. This is your jumping off point for finding out if you get an inheritance. It all starts with whether or not there is a will. And not just any will, but a valid last will. Here’s your #1 secret. A valid last will governs all property that was owned by the decedent individually. A decedent is a Florida resident who is dead. If she owned property in her own, individual, name, it will pass under her last valid will. I’m not talking about assets owned in a revocable trust or in a joint account or a POD (“pay on death”). [ Those assets “go” according to the beneficiaries who are designated.] Since one can have multiple wills, only the last valid will rules. (Most wills revoke all prior wills.) And it has to be valid. No undue influence or duress or mistake or insane delusion. Want to read about wills in the Florida Probate Code? Click this FREE LINK which will take you to the Florida Probate Statutes section on wills. Now, the #2 secret? Intestacy. Dying Without a Will in Florida — heirs take it all ! Intestacy […]

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Mediated Settlement Agreement

Probate Information Oct 11, 2021
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A mediated settlement agreement is often used to “ink” a deal in a Florida probate or trust dispute. IF the parties settle. They are contracts. But how do you enforce your deal if the other side is not doing what they promised to do? We have previously written about mediation agreements. Now, let’s focus on how Florida law does not let people get out of signed deals. Why Mediation? If you are involved in a Florida estate or trust dispute, you are going to be ordered to attend a mediation before trial. It’s a serious settlement conference. So, take the mediation seriously. Be prepared and try to win. Who’s at the mediation? Typically you and your lawyers. The other side or sides, and their lawyers. And a mediator. Who is the mediator? The mediator is a neutral, objective third party who is there to try to broker peace. To discuss settlement. To foster compromise. Many retired judges mediate. Many experienced probate litigators are also asked to mediate disputes because of their vast experience and expertise. What is perhaps the #1 rule to a successful mediation? The parties have to want to settle. And any deal is typically reduced to a written contract. And everyone signs on the dotted line. Sometimes, there is a prevailing party attorneys fees provision. If you have to go back to court, the prevailing party can get reimbursed, from the other side, your attorneys fees and costs. Sometimes, mediated settlement agreements are subject to court approval. […]

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What is Aiding and Abetting a Breach of Fiduciary Duty?

In the News Oct 11, 2021
post about What is Aiding and Abetting a Breach of Fiduciary Duty?

Lots of trust beneficiaries know that you can sue your Florida trustee for breach of trust. But can you sue the trustee’s lawyers too? How about those that assist a trustee in doing bad things? A recent appellate opinion discusses what is aiding and abetting a breach of fiduciary duty. We have written about this topic before. To learn more, click HERE, and keep reading. Getting the Background: what it’s like to be trustee in the State of Florida Lots of family members and trust beneficiaries take issue with their trustee. Whether or not trustee criticism is justified depends on your case. And your trust. And your attitude. Candidly, not every trustee is necessarily bad. And a lot of beneficiaries don’t like the idea of asking a trustee for money. Let’s face it: most people want their inheritance “outright“….and not in a trust. But being a trustee is serious business. A Florida trustee is managing property of another for beneficiaries. She is a fiduciary who is supposed to place the interests of her beneficiaries above everyone else’s–including her own. And, in fairness to trust beneficiaries, the Florida trustee has a lot of duties they owe to beneficiaries. It’s all in the Florida Trust Code. Trustees are actually not required to serve as trustee. You can decline. Just because you are named in a trust document does not mean you have to be the trustee. Now, let’s get back to those duties a trustee owes its beneficiaries. If you breach, or […]

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