Category Archives: Undue Influence
How Do You Prove “Testamentary Capacity” in Florida?
You often hear the phrase “of sound mind” associated with the signing of a last will and testament. As a matter of law in Florida, a person must have what is called “testamentary capacity” to execute a will. Such capacity is often described as being “of sound mind.” In practice, testamentary capacity generally requires… Read More »
When Is a Curator Necessary for a Florida Probate Estate?
Under Florida law, a personal representative is the person responsible for administering a probate estate. There are, however, situations where someone may need to take temporary charge of the estate until a personal representative can be appointed. This can include a scenario where there is a disagreement between family members over who should serve… Read More »
What Are the Factors in a Florida “Undue Influence” Claim?
When family members end up in litigation over a loved one’s estate, there is almost always an accusation of “undue influence.” This is a legal concept used to describe a situation where the recipient of property abused a confidential relationship with the grantor in order to obtain title. According to the Florida Supreme Court,… Read More »
Who Has The Burden Of Proof On Undue Influence Cases In Florida?
Challenging a will due to undue influence can be a complex and emotionally charged process. The person contesting the will must prove that undue influence was involved. However, who has the burden of proof in such cases? Let’s discuss what constitutes undue influence in will contest cases and how to prove it. Our Pompano… Read More »
4 Possible Defenses (Among Others) If You Are Wrongfully Accused Of Undue Influence In A Will Dispute
Will disputes can be a challenging and stressful situation, especially when you are accused of undue influence. Being accused of undue influence in a will dispute can have a significant impact on your life and reputation. If you find yourself in this situation, it is essential to know your legal rights and fight against… Read More »
What’s The Difference Between Undue Influence And Lack Of Capacity In Estate Litigation?
Estate litigation is a complex process, and understanding the nuances of undue influence and lack of capacity can make all the difference. It is not uncommon for interested parties, including beneficiaries, to challenge the validity of a will or trust based on undue influence or lack of capacity. Below, we will discuss what constitutes… Read More »
Individuals Who Are The Most Susceptible To Undue Influence
Estate planning is a critical step in protecting the assets you have worked hard to accumulate and safeguarding those assets for future generations. Unfortunately, there are those who may take undue advantage of vulnerable individuals in estate planning matters. Unfortunately, it is not always easy to recognize undue influence until it is too late…. Read More »
What Leads To A “Rebuttable Presumption” Of Undue Influence In Procuring A Will?
A will is invalid if it can be proven that the document was procured by “undue influence.” The Florida Supreme Court has long held that there is a “rebuttable presumption” of undue influence when a “substantial beneficiary” of a proposed will had a “confidential relationship” with the testator and used that relationship to “actively… Read More »
Is “Eccentric” Behavior Proof of Undue Influence?
It is not uncommon for family members to be shocked upon learning a loved one has left a significant part of their Estate to a non-family member. Such situations often give rise to complaints of “undue influence.” But suspecting undue influence is not the same thing as proving it. And even if the suspicions… Read More »
Understanding Florida’s Presumption of Undue Influence
In Florida, a Will is invalid if it is procured through “undue influence.” If a person objects to the probate of a Will on undue influence grounds, they bear the burden of proof. However, if a person (beneficiary) was both active in procuring the Will and is a substantial beneficiary of said Will, then… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...