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Undue Influence Florida

In the News • Oct 20, 2021
post about Undue Influence Florida

There are dozens if not hundreds of claims each year of undue influence Florida. Learning about this concept will assist you in understanding how you lost your inheritance in a trust or estate. If you have been sued for this, a recent, October 13, 2021 opinion will help you get your arms around what you have been accused of.

How do you know when an undue influence Florida case is “good” or “bad?” Only select trial attorneys are experts in this field.

Who Stole My Inheritance?

A claim of undue influence Florida is serious business. After all, if you make that claim, you are calling out some probate fraud. Undue influence is when someone causes another to sign a document or do something that really isn’t there idea. It’s the idea of the “undue influencer.

If someone is “undue-influencing” another, the person who does that is trying to take financial advantage of another. The person who is doing it may be referred to as the financial predator. The recipient of the undue influence may be called the victim.

Think of it in the context of will signing or changing a bank account beneficiary. “Put my name on the bank account or I’ll put you in a home and you’ll never see the grandkids.” Did someone use force, or coercion to have you sign that will? Even over-pursuasion counts.

Does Your Case Have the Warning Signs?

Here are some warning signs to look for to help determine if there was undue influence in a will signing, beneficiary change, bank account change or trust document:

  • WHO came up with the idea to do this — the victim or the financial predator?
  • Did the predator find the lawyer to help with changing the will— or was it the victim’s idea?
  • WHO told the lawyer what to put in the will or how to change the trust — the victim or the predator?
  • Did the victim go to the lawyer’s office on her own– or did the predator drive her there?
  • Was the predator in the room when the will was signed?
  • Who took the will or trust document after it was changed? The lawyer, the victim or the one who wanted to have the trust or will changed?
  • Did the victim pay the lawyer or did the undue influencer?

Recent Case Undue Influence Florida

The 3rd District Court of Appeal is the appellate court in Miami-Dade County, Florida. They hear a lot of appeals on this subject.

On October 13, 2021 the opinion was issued in the case of Swiss v. Flanagan. You can read this appellate opinion for free by clicking THIS LINK. This case is an excellent introduction to learning about this subject. To read more, you can also click our other free Florida legal commentary LINK.

For a free Florida legal video on this topic, click HERE.

If you are searching for a Florida attorney to prosecute or defend your matter, consider looking for a SERIOUS + sincere probate litigator. Why did I say “sincere?” Because a lot of Florida lawyers may tell you that they handle these cases but a lot don’t try cases or handle appeals. Sure, they go to court a lot, but they never go to trial. A lot of lawyers just want to settle cases. Isn’t settling your case– or going to trial– up to the client, not the lawyer? Compare apples to apples. Ask how many undue influence trials they had in the last year. During Covid. How many days did their trials last? How many witnesses did they call? And remember —a “hearing” is not the same as an undue influence trial.