When someone creates a will, trust, or other estate planning document in the State of Florida, the law requires that those documents reflect the person’s true and independent wishes. Unfortunately, there are times when a vulnerable individual is pressured or manipulated into making decisions that do not represent their actual intent.
Known as undue influence, this most often arises in probate disputes involving wills, trusts, lifetime gifts, or beneficiary designations. If it can be proven, the court may invalidate all or part of the affected document to protect the integrity of the estate. These cases are highly fact-specific, often complex, and require the guidance of an experienced probate and inheritance attorney.
An undue influence lawyer helps families challenge suspicious estate documents, gather the evidence needed to prove improper influence, and ensure that a loved one’s true wishes are honored.
Proving Undue Influence in Florida
The first step in proving undue influence is to file a legal challenge in probate court. In Florida, these disputes must usually be raised within strict time limits after the will is admitted to probate, making it important to act quickly. A probate attorney will begin by reviewing the estate planning documents, gathering background information about the circumstances under which they were signed, and identifying any suspicious changes or relationships that could point to undue influence.
The discovery phase is a critical part of the process. Because undue influence rarely happens in front of witnesses, evidence is often circumstantial and pieced together from various sources. Evidence may include medical records that show the vulnerability of the testator, financial records indicating sudden transfers, estate planning files, and testimony from individuals who observed the relationship between the alleged influencer and the decedent. After evidence is presented, the burden of proof may shift to the person benefiting from the will or trust to show that the document was created freely and without coercion.
If the case proceeds to trial, the court will evaluate all evidence and determine whether the will, trust, or transfer was the product of undue influence. If undue influence is proven, the court can invalidate all or part of the document, restoring assets to prior beneficiaries or distributing them under Florida’s intestacy laws. Some cases may be resolved through negotiation or settlement before reaching trial, which can save time and preserve estate value.
Speak With an Undue Influence Attorney
Our law firm has extensive courtroom experience and specializes in Florida probate litigation. This includes the representation of trustees, beneficiaries or other interested parties who may feel like there has been undue influence during the estate planning process.
This experience makes us a powerful ally to clients involved in estate disputes as well as a powerful resource in helping clients investigate and prove undue influence in estates.
If you have issues involving the undue influence in the estate of a deceased family member, contact a probate lawyer at our firm for a free and confidential case review.