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Undue Influence and Probate Litigation

Uncategorized Mar 13, 2019
post about Undue Influence and Probate Litigation

Cases involving undue influence can be difficult, and they require assistance from a skilled probate litigator or trust and estates lawyer.Florida probate litigators rely on circumstantial evidence when litigating a case involving undue influence.Why is circumstantial evidence relied on? Because the person who would be the key witness in the case is deceased! What are the factors that should be considered to prove undue influence? What proves that a beneficiary actively procured the will that is being contested?

In Re Estate Carpenter is a case that you should definitely read if you are involved in litigation involving undue influence. This renowned Florida Supreme Court case revealed seven factors that should be considered to prove active procurement in an undue influence case. What are these factors? Do these factors apply only to will contests? Are these the only factors that should be considered? Read the entire case by clicking here.