Do you know what you have to prove in Florida Probate Court when contesting your fathers will in Palm Beach Probate Court? What will the court consider as evidence and what is considered an acceptable level of influence for your siblings to exercise if it effects your will?
- Florida Courts look to the Carpenter factors to determine undue influence but what does that mean for you? What do you actually have to prove in court in Delray beach?
- Undue influence is the term used by courts to invalidate a will when a third party influences a testator inappropriately – like in the recent case of Ernie Banks and his manager/caretaker. (at least that’s what his family claims)
- Undue influence is claimed after the testator is already dead, and the actions have been taken to set aside the will. What about if someone is taking advantage of an individual and they are still living, does Florida law give proper protection through actions like exploitation of the elderly?
March 31, 2015 Case out of Tennessee highlights the issues of sibling disputes in a will contest.
- Two of four adult children of a decedent proceeded to challenge the will claiming undue influence in a Knoxville Tennessee Court of Appeals. Claiming among other things that the defendants (a third adult child and his wife) took the decedent to change all of her accounts prior to her death to become joint accounts with the defendants.
- The plaintiffs sought all such monies to be returned the estate accounts claiming that the defendants had exerted undue influence.
- The plaintiffs ended up winning the return of almost $300,000 do you think that it was fair?
- What happens if the money is not there? If it was used to buy a home? Can they get a refund or giant title to the home?
Palm Beach Probate Lawyers deal everyday in these types of disputes and recovering property that was pilfered from decedents.
Want to learn more? Check out the full case: McMillin v. McMillin decided March 31, 2015. Case No. E2014-00497-COA-R3-CV.