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Show a Probate Judge to Win a Case of Undue Influence?

Uncategorized Jan 19, 2016
post about Show a Probate Judge to Win a Case of Undue Influence?

Estate litigation in Florida often centers around something called a  will contest. What do Florida will contest lawyers need from you to win your probate lawsuit? It may not be as simple as you like, check out this recent appeal from the Court of Appeals in Mississippi. What would you have done differently?

Florida Will Contest Lawyers

  • Florida probate litigation can get heated as it often involves family members battling it out for assets.
  • Florida probate lawyers file lawsuits challenging the validity of a will all the time.
  • Do you know what probate attorneys Florida have to show in order to win in front of the probate judge?
  • Estate attorneys Florida challenge wills on all sorts of things.
  • Sometimes it is a technicality like the will was unsigned or unwitnessed. Sometimes it can get a bit more complicated.
  • How?
  • Check out this recent appeal from the Court of Appeals in Mississippi to see how family feuds easily spill over into the probate court.

Estate of Phelps v. Phelps

  • This was an appeal from the trial court’s determination that the will of a woman was valid, despite objections from two of her children.
  • They alleged that their brother had exerted undue influence over their mother. 
  • Florida estate attorneys know this is anything but a technicality.
  • This is when one individual uses influence to overcome the true testamentary intent of the person. 
  • The question becomes how do you prove it to the probate judge or jury?
  • That can be a complicated matter, but are you prepared for the Florida probate trial?
  • Do you know what you actually have to show to establish undue influence?
  • More importantly do you know how you and your Florida probate attorney are going to do it?

Want to learn more?

Check out the entire case of Estate of Phelps v. Phelps by clicking here.  

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