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Tag: #undueinfluence

What is Undue Influence in Florida Wills and Trusts

FAQs Mar 15, 2021
post about What is Undue Influence in Florida Wills and Trusts

Undue influence is a serious topic for estate litigators. And, perhaps more so, for family members and heirs. Have you been dis-inherited by a last minute will? This Florida probate commentary will explain what undue influence is and point you to an important Florida Estate Law. If you want to see a FREE UNDUE INFLUENCE VIDEO by estate and trust litigation attorney John Pankauski, CLICK HERE. Voiding a Florida Will Based Upon Undue Influence A will that is caused by undue influence is void. Florida Probate Law makes that very clear. Read Fla. Stat. 732.5165. Likewise, a Florida Trust that is caused by it is also VOID. If you want to read more about Florida probate and trust law, you can read the Florida Probate Code and also the Florida Trust Code for free. Here, also, is a free link to the Florida Probate Rules. The Florida Probate Rules are different than Florida statutes. There is a special procedure to follow to have a will or trust declared void . “You have to file papers in the Probate Court to contest the will” says veteran estate litigation attorney John Pankauski. “For trusts, you have to file a separate civil lawsuit.” In some instances, like with a Pour Over Will, you have to do both. How Do You Define It? Undue influence is defined as a form of coercion, over-persuasion and force. It is not always the same. It can vary from perpetrator to perpetrator. Undue influence can also have different […]

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Florida Probate Fraud & Undue Influence

Uncategorized Apr 15, 2019
post about Florida Probate Fraud & Undue Influence

Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question.  Often, they question last minute changes to an estate plan.   Florida probate fraud may also exist if a fiduciary intentionally hides information.  What should probate litigators in West Palm Beach know about probate fraud? If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud. When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust. Trust and estates lawyers know that undue influence is a type of fraud.  Here is a FREE VIDEO on undue influence & probate fraud.  What is undue influence? Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion. If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence. In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them. If you think you are a victim of probate fraud, what should you do? You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter […]

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