Is your dad trying to leave you nothing in his Florida trust or Palm Beach will? According to Florida law, can he do this? How is it fair that my dad’s third or fourth wife is inheriting everything? What are my rights as his child to his Palm Beach estate? What is undue influence in a Florida trust or estate lawsuit? Probate lawyers in West Palm Beach know that inheritance changes can result in lawsuits between family members.You may want to read about Tom Benson, owner of the Saints and Pelicans, legal battles with his daughter and grandchildren.
Undue Influence
- Undue influence claims frequently occur during a will contest.
- What is a will contest in Florida trust and estates law?
- It is a formal objection against the validity of a will.
- What is this formal objection based on?
- It is usually based on the contention that the Florida will does not reflect the actual intent of the person who drafted it.
- Cases involving undue influence can be difficult and they require assistance from a skilled probate litigator or trust and estates lawyer.
- Florida probate litigators rely on circumstantial evidence when litigating a case involving undue influence.
- Why is circumstantial evidence relied on?
- Because the person who would be the key witness in the case is deceased!
- What are the factors that should be considered to prove undue influence?
- What proves that a beneficiary actively procured the will that is being contested?
- In addition, guardianship lawyers Boca Raton know that undue influence is frequently present in guardianship matters in Delray Beach.
- For example, Tom Benson was sued by his daughter who claimed that he needed a guardian and was being unduly influenced by his wife.
Tom Benson’s Trust Problems
- On May 20,2016, ESPN reported that the owner of the Saints/Pelicans, Tom Benson, stated that he wants to leave his daughter and grandchildren “zero in the a family trust that had been set up for them.”
- Mr. Benson “announced plans in January 2015 to oust them as successors to his business empire and replace them with his third wife.”
- As a result, his daughter and grandchildren sued him.
- They tried to have him declared incompetent in a guardianship battle but it was rejected by the courts.
- Although Mr. Benson is dealing with lawsuits in New Orleans, family feuds regarding inheritances are very frequent in the Florida probate and guardianship courts.
- To read the entire article regarding Mr. Benson’s trust battle and guardianship lawsuit, click here.