When Caregivers Become Beneficiaries
Caring for an aging or ill loved one can be a deeply meaningful experience. But what happens when a caregiver, whether that is a nurse, family member, or close friend, suddenly appears in that person’s Will as a major beneficiary?
In Florida, such situations raise legal red flags, especially when the vulnerable individual was dependent on the caregiver for daily needs or decision-making. This is where Florida’s presumption of undue influence comes into play. To have your situation reviewed, connect with a Pompano Beach estate litigation lawyer.
These protections are in place because Florida courts recognize that individuals in declining health or advanced age are particularly susceptible to overreaching. Caregivers often control access to medication, finances, and even social interactions. While many caregivers act out of love and duty, some may take advantage of their position to isolate the individual or influence their estate planning decisions
To shield vulnerable adults from wrongdoing, Florida law allows interested parties (such as family members or prior beneficiaries) to challenge wills or trusts they believe were created under undue influence.
When to Speak to an Attorney
Should you suspect that a loved one’s caregiver may have improperly influenced their estate planning decisions, time is of the essence. Once probate begins, there are strict deadlines for challenging a Will. It’s best to consult with a Pompano Beach estate litigation lawyer as soon as concerns arise.
An experienced attorney can investigate whether the legal presumption of undue influence applies. If so, they will then file a Will contest or Trust challenge in Court. Lawyers know what steps to take in order to protect the rights of rightful heirs or beneficiaries.
While many caregivers are trustworthy and devoted, Florida law recognizes the risk of undue influence in close relationships. It is a reality that things can become complicated when money and property is involved.
If your family is facing a suspicious change in a Will or Trust, support is available. A knowledgeable legal professional can provide guidance, protect your loved one’s legacy, and ensure that the true intentions of the deceased are honored.
Where were you when you learned that a caregiver had been added to a loved one’s estate documents? If you are located in Florida, connect with the legal professionals at Mark R. Manceri, P.A. to have your unique situation assessed. Then, a path forward can be paved. Schedule a confidential consultation today.
