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 […]