What constitutes ‘undue influence’ over an estate?

by | Aug 10, 2022 | Probate And Trust Litigation

Grieving the loss of a loved one is difficult. Regardless of whether you were ready for their death, trying to cope with a new sense of loss can be challenging.

It can feel like an unexpected blow when you discover their estate plan is not what you expected. As you look into the situation, you may find that someone took advantage of your loved one and had an undue influence on their estate plan.

Here’s what you should know about proving undue influence in Florida.

Finding out who helped

As you look over your loved one’s surprising estate plan, you may notice patterns regarding the key beneficiaries. When someone changes their estate plan to give an unexpected person a windfall, it can be a cause for concern.

You may need to look at the circumstances of your loved one’s relationship with the person who influenced the will to learn more about the influence behind the estate plan.

Assessing vulnerability

Unfortunately, as your friends and family age, they may become more vulnerable to people trying to manipulate them. In many cases, a friend or family member may see your loved one in a vulnerable situation and take advantage of the situation.

Often, the friend or family member may appear to offer assistance when your loved one needs additional help as they age. This person may try to manipulate your loved one into adjusting their will in exchange for their service. While your loved one may feel genuine affection for the caregiver, they may not realize their ulterior motives.

Seeing someone taking advantage of your loved one’s generosity can be frustrating. Typically, there is a limited amount of time where you can contest the will and make an argument that there was undue influence. You should talk to a skilled professional about how undue influence can impact the probate process.


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