What is undue influence? In Florida, people often “unduly influence” others to change a will or trust. That’s not proper. And not allowed. it’s actually fraud. A will or trust or bank account that is caused by this is not valid. Dis-inherited beneficiaries and loved ones can win back their inheritance if they prove the presence of undue influence. This concept is something that many beneficiaries and heirs want to know more about when it comes to a last minute will signing or inheritance. This Florida probate legal commentary will discuss what it is and the warning signs. To see an introductory, Free Probate Video on this topic, click HERE. What is Undue Influence in a Nutshell? Undue influence is a species of fraud. It has been described as over-pursuasion, force, coercion or duress. When someone does this, they, in essence, destroy the free will or free “mind” of the victim. And replace it with their own financial desires and motives. It is often said that a will or a trust document created by this force or coercion is NOT the product of the person signing the will or trust. But by the perpetrator. The fraudster. The “undue-influencer.” What is the effect of a will or a trust that is caused by undue influence? It is void. You can read Section 732.5165 of the Florida Probate Code. What are some situations that MAY be undue influence? Possible Examples “Sign the will or I’ll leave you!“ “Change the trust or you’ll […]

There are dozens if not hundreds of claims each year of undue influence Florida. Learning about this concept will assist you in understanding how you lost your inheritance in a trust or estate. If you have been sued for this, a recent, October 13, 2021 opinion will help you get your arms around what you have been accused of. Who Stole My Inheritance? A claim of undue influence Florida is serious business. After all, if you make that claim, you are calling out some probate fraud. Undue influence is when someone causes another to sign a document or do something that really isn’t there idea. It’s the idea of the “undue influencer.” If someone is “undue-influencing” another, the person who does that is trying to take financial advantage of another. The person who is doing it may be referred to as the financial predator. The recipient of the undue influence may be called the victim. Think of it in the context of will signing or changing a bank account beneficiary. “Put my name on the bank account or I’ll put you in a home and you’ll never see the grandkids.” Did someone use force, or coercion to have you sign that will? Even over-pursuasion counts. Does Your Case Have the Warning Signs? Here are some warning signs to look for to help determine if there was undue influence in a will signing, beneficiary change, bank account change or trust document: WHO came up with the idea to do this — […]

Undue influence is a serious topic for estate litigators. And, perhaps more so, for family members and heirs. Have you been dis-inherited by a last minute will? This Florida probate commentary will explain what undue influence is and point you to an important Florida Estate Law. If you want to see a FREE UNDUE INFLUENCE VIDEO by estate and trust litigation attorney John Pankauski, CLICK HERE. Voiding a Florida Will Based Upon Undue Influence A will that is caused by undue influence is void. Florida Probate Law makes that very clear. Read Fla. Stat. 732.5165. Likewise, a Florida Trust that is caused by it is also VOID. If you want to read more about Florida probate and trust law, you can read the Florida Probate Code and also the Florida Trust Code for free. Here, also, is a free link to the Florida Probate Rules. The Florida Probate Rules are different than Florida statutes. There is a special procedure to follow to have a will or trust declared void . “You have to file papers in the Probate Court to contest the will” says veteran estate litigation attorney John Pankauski. “For trusts, you have to file a separate civil lawsuit.” In some instances, like with a Pour Over Will, you have to do both. How Do You Define It? Undue influence is defined as a form of coercion, over-persuasion and force. It is not always the same. It can vary from perpetrator to perpetrator. Undue influence can also have different […]

Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question.  Often, they question last minute changes to an estate plan.   Florida probate fraud may also exist if a fiduciary intentionally hides information.  What should probate litigators in West Palm Beach know about probate fraud? If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud. When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust. Trust and estates lawyers know that undue influence is a type of fraud.  Here is a FREE VIDEO on undue influence & probate fraud.  What is undue influence? Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion. If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence. In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them. If you think you are a victim of probate fraud, what should you do? You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter […]