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Category Archives: Undue Influence

RetPlanning

Is “Eccentric” Behavior Proof of Undue Influence?

By Mark R. Manceri, P.A. |

It is not uncommon for family members to be shocked upon learning a loved one has left a significant part of their Estate to a non-family member. Such situations often give rise to complaints of “undue influence.” But suspecting undue influence is not the same thing as proving it. And even if the suspicions… Read More »

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LongTermPlan

Understanding Florida’s Presumption of Undue Influence

By Mark R. Manceri, P.A. |

In Florida, a Will is invalid if it is procured through “undue influence.” If a person objects to the probate of a Will on undue influence grounds, they bear the burden of proof. However, if a person (beneficiary) was both active in procuring the Will and is a substantial beneficiary of said Will, then… Read More »

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FinanPlan

How Do You Prove “Undue Influence” in a Florida Court?

By Mark R. Manceri, P.A. |

“Undue influence” is a type of fraud. Specifically, undue influence refers to a situation where one person effectively overrules the free will of another and effectively forces them to take some legal action. For example, a relative or aide might exercise undue influence to effectively coerce an elderly person into signing a will or… Read More »

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Legal11

The Presumption of Undue Influence in a Will Contest

By Mark R. Manceri, P.A. |

Estate planning is meant to ensure that a person’s wishes are carried out after he or she passes away. Unfortunately, this is not always what ends up happening, especially in cases where a testator was subject to undue influence before his or her death. Fortunately, heirs and beneficiaries who suspect that a deceased relative… Read More »

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ElderLaw5

How to Prove Undue Influence in a Pompano Beach Estate

By Mark R. Manceri, P.A. |

Sadly, some people look for ways to take financial advantage of others. This is not an uncommon situation when the elderly are involved. People indoctrinate themselves with older people with larger estates in hopes of benefiting financially through their Wills. Sometimes it is a new personal relationship or an existing one like a healthcare… Read More »

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MeetAtty

How Undue Influence Affects Your Entire Estate Plan in Florida

By Mark R. Manceri, P.A. |

When you are creating or updating your Florida estate plan, it should reflect your wishes. It should not involve any outside pressure or coercion. Florida law has established laws and procedures to prevent someone from using their influence to sway how someone else drafts their estate plan. Trying to force someone or influence how… Read More »

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