A lot of clients in Florida probate litigation do not quite understand undue influence. Do you understand what undue influence actually is? The first step to understanding may be a consultation with an experienced Florida will contest lawyer. You may also want to check out this recent case that made it all the way to the Supreme Court of Washington! Read on for more about understanding undue influence in Florida.
Understanding Undue Influence
- What do estate attorneys in Florida need to understand about undue influence?
- Undue influence in short is a challenge against a will based on the fact that it does not represent that actual testamentary intent of the testator.
- In other words, someone else is “pulling the strings.”
- How do Florida will contest and estate lawyers prove that though?
- Usually this starts with showing a confidential or fiduciary relationship between the decedent and the influencer.
- Does a caretaker count?
- What about a parent child relationship?
- It is usually important that the alleged influencer be involved in the preparation of the estate documents.
- What else do Florida estate lawyers look for?
- Usually the telltale sign is the one that made you walk into the Florida probate lawyer’s office in the first place.
- That is, an unusually large award to the alleged influencer.
- Check out this recent case out of the Washington Supreme Court, is this a case of undue influence?
- You decide.
In re Estate of Barnes
- This was a case about sufficiency of evidence.
- In other words, did the challengers prove there was undue influence?
- The trial court here had invalidated a will after a probate trial.
- The caretakers had been made the sole beneficiary under the will, which can smell fishy to Florida probate lawyers.
- Here the appeals court had reversed arguing the trial court had improperly relied on certain presumptions related to undue influence.
- At the supreme court level, the Court noted that the appeals court had abused its position and that the trial court was right.
- Do you agree?
- What presumptions can Florida probate trial lawyers use to get the results they need in a probate lawsuit?
Want to learn more?
Check out a free copy of the case by clicking here.
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