Undue Influence, Florida Wills and Florida Probate: who can object to multiple Florida wills ?
Florida probate lawyers from Parkland, Broward County, Florida, to Palm Beach, Florida and Weston to West Palm Beach know that a Florida will may be over-turned if it was obtained by UNDUE INFLUENCE. Undue influence in a Florida probate or Florida estate administration is an allegation or charge of over-persuasion, fraud or force, that caused someone, a Florida resident, to sign a Florida will. If proven in a probate trial, the Florida will will be over-turned. This means that the Florida estate might be distributed to different beneficiaries. Inheritance rights in Florida. Probate trials in Florida. Objecting to a will. These are all Florida probate legal issues you will have to deal with whether you represent the estate, the personal representative or Florida executor, or a will beneficiary or heir. A recent case handed down in West Palm Beach by a Florida appellate court dealt with a Broward County, Florida case of undue influence and multiple wills. The case was in the probate court in Ft. Lauderdale. What do you do if you are an heir or beneficiary of a Florida estate, under a Florida will? Let’s say your uncle lives in Boca Raton, Florida and leaves you $1,000,000 under his will which he had done by his Boca Raton estate planning attorney. Then next year, he changes it and cuts you out. Two years later, he sells his Boca Raton mansion and moves to a condo in Aventura, Florida. He gets a new probate lawyer, one in Miami Dade County, who drafts a Florida will and Florida trust: and doesn’t leave you anything. Next year, your uncle has a will amendment or a Florida codicil prepared by his Miami estate lawyer: the Florida will still leaves you nothing. Your uncle passes away in a hospital in Ft. Lauderdale. You learn facts which suggest that your uncle changed his wills and dis-inherited you based upon undue influence by a girlfriend or boyfriend. A Florida probate is opened up. An estate administration is begun. What do you do? Your Broward probate lawyer will probably tell you that to have STANDING to bring a lawsuit of undue influence, to fight for your inheritance, you have to OBJECT to the Petition for Administration in the probate. You will probably also have to file a probate lawsuit, or estate lawsuit, which alleges UNDUE INFLUENCE. Do you have STANDING? Can you file the estate lawsuit and what do you do when the other side’s estate lawyer or probate lawyer files a motion to dismiss? For a copy of a recent case dealing with these issues, email michelle@pankauskilawfirm.com. What is your Palm Beach probate litigator or Broward County probate lawyer telling you? Advocate hard. Litigate smart.