What Do Florida Estate Lawyers Know About the Differences Between Duress and Undue Influence?

Did you know that both duress and undue influence are grounds for revocation of a will? Florida will contest lawyers know the difference, but do you? What do you need to know about duress before you file a Florida will contest? Check out this recent case out of the Fourth District Court of Appeal in Florida.

What is the Difference Between Duress and Undue Influence?

• Estate attorneys Florida know the difference between duress and fraud.
• Do you know the difference?
• Duress is when someone uses illegal threats to get you to do something.
• For example if your Florida probate lawyer told you to sign something or he would steal your car, that is duress.
• Now what makes that different from undue influence in Florida probate law?
• In Florida probate litigation undue influence is about overcoming someone’s will, not threatening them with illegal actions.
• Estate attorneys Florida know that some actions may be both.
• How can you tell?
• When does this come up in estate litigation Florida?
• More than you may think and in more ways than one.
• Check out this recent case out of the Fourth District Court of Appeal dealing with guardianship disputes and alleged duress.
• How do you think was right?

Gort v. Gort

• This was actually a dispute centered around a limited guardianship of a younger brother with mental issues, by the older brother.
• On appeal and at trial the younger brother tried to claim he only signed agreements limiting his rights because of duress.
• What does a Florida probate lawyer have to prove when making an argument centered on duress?
• What about when the Florida estate lawyer is instead alleging undue influence?
• Here the Court found there was no duress.
• The question is, do you agree?

Want to learn more?

Check out the entire case by clicking here.

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