Preventing and Addressing Undue Influence
Estate planning is a vital step in ensuring your wishes are honored and your loved ones are protected. But even the most carefully crafted plan can be challenged if undue influence is suspected.
In Florida, undue influence is a serious concern that can lead to legal disputes and even invalidate a will or trust. A Palm Harbor estate planning lawyer can help you understand what undue influence is and how to prevent and address it. Making informed decisions is essential to protecting a legacy.
Common Examples Leading to Disputes
Undue influence occurs when someone exerts improper pressure or manipulates a vulnerable person into changing their estate plan to benefit the influencer. Florida courts define it as influence that “destroys the free agency and will power of the testator,” meaning the person creating the will or trust is not acting of their own free will.
This issue often arises in situations involving the elderly, individuals with cognitive decline, or people who rely heavily on caregivers. Florida law allows courts to presume undue influence if certain criteria are met, such as when a substantial beneficiary was involved in procuring the will and had a confidential relationship with the testator.
Undue influence disputes often arise after a loved one passes and surviving family members discover surprising changes to an estate plan. Such as the following:
- A caregiver who suddenly appears as the sole beneficiary of a will, disinheriting close family members.
- A new romantic partner who persuades an elderly person to revise a trust shortly before death.
- A relative who isolates the testator from others and then helps them execute new estate planning documents.
In these situations, others may suspect that the will does not reflect the true intentions of the decedent, sparking litigation.
Whether you are planning your own estate or concerned about a loved one’s plan, consulting with an attorney can be invaluable. A skilled legal professional can help put protective measures in place, such as involving a neutral third party in the planning process, documenting capacity and intent, and using no-contest clauses when appropriate.
If a dispute arises after a loved one’s death, legal support is key as well. An attorney can assess the evidence, determine if undue influence may have occurred, and push for justice. This could happen through negotiation, but your lawyer can also represent you in court if necessary.
Protect Your Intentions and Loved Ones
Situations involving undue influence can undermine a person’s final wishes and tear families apart. Working with a knowledgeable Palm Harbor estate planning lawyer can reduce the risk of disputes and ensure your voice is heard even when you are no longer here. Whether you’re drafting a new plan or addressing concerns about an existing one, legal guidance is a crucial step toward peace of mind.
Is it time for you to talk to a legal professional about your concerns? The attorneys at Miaoulis Law are available to help. If you or your family live in Palm Harbor, FL or Pinellas County, FL, schedule a confidential consultation today.
