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What Constitutes Undue Influence in West Palm Beach Probate Court?

Uncategorized Nov 12, 2015
post about What Constitutes Undue Influence in West Palm Beach Probate Court?

It may sound like a story from a Disney movie but have you heard about  the widow who uses undue influence to disinherit her stepchildren? That is what allegedly happened in a recent probate lawsuit from the Supreme Court of Kansas! Learn how to prevent undue influence of your loved ones in West Palm Beach. 

What is Undue Influence

  • Have you heard the term undue influence?
  • This is a legal term for when someone influences a person and makes their will impute onto that person.
  • This is a big problem to probate courts when it comes to wills.
  • A Last Will and Testament should reflect the views of the testator in West Palm Beach, not their nurse or caretaker or a relative!
  • If you suspect that someone has utilized undue influence to alter a will for their own benefit you may have the grounds to file a will contest in West Palm Beach. 
  • You are going to have to prove your case with evidence in Court but that is partly why you hire a West Palm Beach probate litigator to guide you through the process.
  • What kind of suspicious circumstances are grounds for a trial court to refuse a will to probate?
  • Check out this recent case out of the Supreme Court of Kansas?

Cresto v. Cresto

  • In this case children of a man were suing his new wife in probate proceedings alleging that their father’s will and inter vivos trust were products of undue influence.
  • Those probate documents completely disinherited the kids to the benefit of their stepmother, the man’s widow.
  • The trial court found that the will was void given the suspicious circumstances of the documents.
  • Experienced Palm Beach probate litigators know that one key to winning a probate lawsuit based on undue influence is arising suspicion in Court. 
  • The circumstances under which a will was executed need to be examined by a professional who can frame it to a jury.
  • How do you plan on proving undue influence in West Palm Beach?
  • The petitioners in Kansas won, they lost on the attorney’s fees but that is a story for another day.
  • The lesson to be learned is this: the facts cannot be avoided if there are suspicious circumstances they need to be brought before the Court’s attention as soon as possible.

Want to learn more about how to win a will contest on grounds of undue influence in West Palm Beach?

Check out this entire case by clicking here.

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