Trust, Estates, and Undue Influence
Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence. Want to learn more about undue influence and Florida probate matters? Florida courts, through our appellate courts and their written opinions, have defined what undue influence is and have set parameters in regards to bringing an undue influence lawsuit in Florida. You can access these cases, free of charge, on the district court of appeal websites. For example, to read Fourth DCA opinions, click here.
What is undue influence and what’s the secret to shifting the procedural burden. Read the Florida Probate Code, Chapter 733.107.
733.107 Burden of proof in contests; presumption of undue influence.—