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What’s the Difference Between an Undue Influence Lawsuit and Fraud

Understand the difference between Undue Influence & Fraud

The Difference Between an Undue Influence Lawsuit and Fraud, are they distinct and separate counts?
Hello, my name is John Pankauski and I’m a Estate and Inheritance Litigation attorney at Pankauski Hauser in downtown West Palm Beach. You may be involved in an inheritance lawsuit, a petition to revoke probate, a trust contest where you want to void or overturn the will or the trust and you might be involved in allegations of Undue Influence. By the same token, you may be the personal representative or the trustee or someone accused of Undue Influence. You need to know about fraud, you need to know about the statute of limitations and how they pertain to a Undue Influence lawsuit in Florida.

A very recent case makes it very very clear, that Undue Influence claims and fraud lawsuits are distinct causes of action. What does that mean? You can ask your probate litigation attorney but what that does mean is that you may be able to bring a claim for undue influence or a claim that involves undue influence where you can overturn or set aside or void a certain document like a will or a trust in addition to a fraud claim. But that strategy, but that procedure the evidentury hurdle that you have to get over in trial is best left to having a thorough discussion with an experienced estate litigation attorney who actually tries cases and handles appeals regarding undue influence cases.

If you want to read more about undue influence and fraud and how they are similar, you can read the Bank of Clearwater vs. Vanmeter case or, a very recent case from Nov 29th. 2017 from Florida’s 2nd District Court of Appeal. An Appellate decision by a Florida court involving undue influence. Flantzer vs. Kaplan, the citation is 2017 Westlaw 5759041.

My name is John Pankauski and this concludes my remarks about fraud lawsuits and undue influence.