Florida probate lawyers know that sometimes a caretaker may take advantaged of a loved one. Florida probate litigation and will contests may be able to set aside acts of fraud or undue influence. Have you spoken to your Florida will contest lawyer about setting aside various transfers made by a loved one in their last days? Check out this recent Florida will contest appeal to learn more.
Florida Estate Litigation
- Florida probate lawyers know what undue influence is, do you?
- Probate attorneys Florida see that caretakers and certain siblings may be in a special position of trust.
- What happens when that position of trust is violated?
- This may be a claim of undue influence but how do you prove it?
- Florida estate attorneys use the evidence including the making of certain gifts to get the probate court to set aside gifts.
- Estate attorneys Florida look at a lot of factors in determining whether or not to bring a probate lawsuit to the jury.
- Does your Florida will contest lawyer have a case?
- Sometimes the issues are not as simple as proving the undue influence.
- What about the issue of whether proving undue influence matters?
- What do I mean?
- Check out this recent case out of Florida where one party alleged, even if you showed undue influence you cannot touch my non-probate assets.
- Do you agree?
Keul v. Hodges Blvs. Presbyterian Church
- In this case the personal representative had gotten access to several non-probate assets.
- What is a non-probate asset?
- Florida estate lawyers know these are assets that pass outside of the probate administration.
- What are some common examples?
- Well, POD accounts, trusts and life insurance are the big ones.
- These have a preset out beneficiary so using the probate system is not necessary.
- So, what happens when your Florida probate attorney proves undue influence with regards to non-probate property.
- Can the probate court do anything?
- Here the appellant said they could not.
- Guess what?
- The probate court did not agree and neither did the appeals court.
- The courts ordered the return of certain monies to be dispersed pursuant to the probate court.
- Does that sound fair to you?
Want to learn more?
Check out the entire case by clicking here.
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