Warning Signs of Undue Influence and Your Legal Options

Creating or updating a Will or Trust is a way for a person to make decisions that reflect their true intentions. While this is typically the case, in some situations undue influence can compromise the integrity of an estate plan. In Florida, proving undue influence can be challenging, but a Pompano Beach estate litigation lawyer can provide you with the necessary legal knowledge and support.

Common Warning Signs of Undue Influence

Undue influence occurs when someone manipulates a vulnerable individual into making decisions they would not have otherwise made regarding their estate. This often involves caregivers, family members, or close friends exerting pressure on an elderly or ill person to modify a will or trust in their favor.

Under Florida law, undue influence is presumed when the alleged influencer had a confidential relationship with the deceased. Then, they may be actively involved in procuring or changing the will or trust. Additionally, the alleged party needs to have received a substantial benefit from the changes.

If you suspect a loved one was coerced into making estate changes, look for these red flags:

• Isolation from family and friends. Often the influencer will limit access to the individual.
• Sudden changes to estate documents. A new will or trust favors one person disproportionately.
• Deteriorating mental or physical health. The individual is vulnerable due to illness or cognitive decline.
• Unusual secrecy. The person is unwilling to discuss their estate plans.
• A beneficiary’s active involvement. One person arranges legal meetings, dictates terms, or controls finances.

If you believe undue influence played a role in a loved one’s estate planning, you can take legal action. For instance, in probate court, you can challenge the validity of the document based on undue influence. Choosing to request an order for discovery or seeking to remove a trustee are also options.

Through discovery, you can obtain medical records, witness testimony, and financial documents to support your claim. And if an influencer, as a trustee or an executor, is in a position of power, the court may replace them with an impartial administrator.

Recent Florida Cases on Undue Influence

Florida courts frequently deal with undue influence claims. In one notable case, Cox v. Estate of Slater (2021), a caregiver was found to have manipulated an elderly man into leaving her his entire estate. The court ruled in favor of the deceased’s rightful heirs, citing clear evidence of undue influence.

Also, in Wells v. HCA Trust (2022), the court upheld the contested Will because the challenger failed to prove coercion beyond close familial involvement. A knowledgeable attorney can gather critical evidence, present a strong case in court, and protect rightful heirs from fraudulent estate modifications.

Moving through undue influence claims requires a skilled Pompano Beach estate litigation lawyer. If you suspect undue influence in a loved one’s estate, seeking legal counsel promptly is essential to safeguarding their true wishes.

Should you contest a Florida will or trust? Contact the estate attorneys at Mark R. Manceri, P.A. to discuss your legal options. Schedule a confidential consultation.