TRUST CHALLENGE: Iowa case — brother sues brother for tortuous interference with inheritance and undue influence
What would you do if your dad changed his #revocable trust six days before he died? In favor of your brother and not you?
An Iowa Appeals Court opinion released literally days ago reveals that Florida is not the only state that is a battleground for the #inheritance war. Brother suing brother over dad’s money and an #estate inheritance.
BROTHER #CHALLENGES TRUST IN #TRUST LAWSUIT
- Dad changed his #revocable trust six days before he died
- dad left an #inheritance to one brother (one of his sons)
- the other brother sued — filed an #inheritance lawsuit
- the other brother claimed that the #trust amendment was invalid based on
- Lack of mental capacity to sign trust — dad was #incompetent, and #lacked capacity to sign the #trust amendment
- Undue influence — the brother #unduly influenced dad to sign the #trust in
- Tortuous interference with inheritance— this is in #inheritance lawsuit by the other brother against the brother who benefited from dad’s #trust amendment
BROTHER LOSES #TRUST LAWSUIT JURY TRIAL
The brother who #challenged the trust lost the #inheritance lawsuit.
- The #probate judge threw out the #tortious interference with an inheritance lawsuit.
- A jury decided the #lack of capacity and #undue influence claims
- the jury found for the brother who inherited under the dad’s #trust amendment
WHAT’S THE TAKE AWAY FROM THIS #TRUST CHALLENGE?
#tortious interference with an inheritance is a #inheritance lawsuit which usually gets you a jury trial in #Florida probate litigation.
- Florida recognizes #tortious interference with an inheritance as a way to try to get your inheritance back after your inheritance has been improperly taken or interfered with.
- It’s a #Florida inheritance lawsuit for #inheritance damages .
- It’s interesting, that the Iowa court ruled on the #tortious interference with an inheritance without the jury.
#UNDUE INFLUENCE-WHAT DOES THAT MEAN?
Proving #undue influence in a #Florida probate trial is one way to #challenge the will, or a #Florida revocable trust, and have the Florida will or trust declared void — invalid. Not sure what is meant by undue influence? Here’s what the court said about #undue influence:
Undue influence means a person substitutes his or her intentions for those of the person making the will. The will then expresses the purpose and intent of the person exercising the influence, not those of the maker of the will. Undue influence must be present at the very time the will is signed and must be the controlling factor. The person charged with exercising undue influence need not be personally present when the will was being made or signed but the person’s influence must have been actively working at the time the will was being made and signed.
WHAT MAKES UP UNDUE INFLUENCE ? FOUR ELEMENTS
This is what the court said about #undue influence:
The four elements necessary to prove undue influence :
“(1) a person unquestionably subject to undue influence,
(2) opportunity to exercise such influence and effect the wrongful purpose,
(3) a disposition to influence unduly for the purposes of procuring an improper favor, and
(4) a result clearly appearing to be the effect of the supposed influence.”
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS
Our #West Palm Beach, Florida #probate litigation firm restrict its practice to disputes, appeals and #Florida estate administration and #Florida probate matters. We try cases. We handle appeals. We receive 95% of our clients from you another lawyer — usually a #Florida probate lawyer. Our firm has been involved in high profile, nine figure multi-, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and newly created wealth. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. Our #Florida probate law firm does not draft estate plans or wills and trusts, and we hand your clients back to you at the conclusion of the #Florida litigation or #Florida probate dispute. For a complete copy of this very recent legal opinion involving #tortious interference with an inheritance, and #undue influence, please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida. www.pankauskilawfirm.com and has been featured on the CBS Evening News, The Wall Street Journal, MarketWatch, NBC, ABC and Fox.