One common topic of Florida probate litigation is the dreaded will contest. Florida trust lawyers know that a will contest can slow probate up, sometimes for years. How do you win a will contestlawsuit in West Palm Beach? You can start by understanding undue influence. Check out this recent case out of the Supreme Court of Nebraska to learn more.
Undue Influence
- Estate lawyers in Florida know that one common way to invalidate a will is to show undue influence.
- Undue influence is a fancy way of saying that another party meddled in the testator’s wishes by exerting influence.
- Have you spoken to a probate litigation attorney about moving forward with a will contest in Boynton Beach?
- Florida probate lawyers know how to prove that the testator did not want the will as it stood but it can be difficult.
- You will need evidence but in certain cases you may be entitled to a presumption of undue influence.
- Do you know when?
- Florida estate lawyers use the evidence and presumptions to make their case to the jury.
- Probate attorneys Florida often can show undue influence when a loved one dies in the care of another and that person is left most of the estate, to the harm of others.
- Want to learn more about evidence and presumptions?
- Check out this recent case out of the Supreme Court of Nebraska.
In re Estate of Clinger
- This was an unsuccessful will contest that was tried in front of a jury.
- Florida estate attorneys know that there is a lot to consider prior to choosing a jury.
- This was a case based on undue influence.
- The issue was a question of whether there is a presumption of undue influence.
- What does presumption mean?
- Basically if you can prove certain facts the Court can tell the jury that the other side has to prove there was not undue influence.
- This is a big turn around because usually it is you that has to prove everything.
Want to learn more?
Check out this entire case by clicking here.
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