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Daytona Beach Lawyers > Blog > Wills > How To Identify Signs Of Undue Influence

How To Identify Signs Of Undue Influence

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As you grieve the loss of a loved one, you will feel many emotions. During this time, you may also have to address certain legal issues, such as reading your loved one’s last will and testament. This is a very sensitive issue for most people. However, reading the last will and testament can also bring the closure you need during this time and help you move forward. Beneficiaries can also become involved in heated arguments during the process.

There may be times when your loved one’s will may not sound as though they wrote it and in these instances, it may be a case of undue influence. Below, our Daytona Beach wills and trusts lawyer explains more about how to identify signs of undue influence.

Understanding Undue Influence 

Undue influence occurs when a third party pressures the testator, or the person making a will, to include themselves or another person in the will. When a testator is not in good health, or they are of an advanced age, it may be easier for other people to sway them into making decisions they would not otherwise make. Undue influence is recognized by law in Florida and if you can prove your case, it may be able to invalidate your loved one’s will.

How to Spot Undue Influence 

The pressuring and persuading that comes with undue influence is often done behind closed doors. That is, other family members and legitimate beneficiaries are not usually witness to it. Due to this, you may think there is no way to spot undue influence when it occurs. Fortunately, that is not true.

Most commonly, undue influence becomes a factor when someone’s will largely favors a third party regarding their inheritance compared with natural beneficiaries. For example, if an in-home caretaker cared for your loved one before they passed away and they inherited more than the testator’s biological daughter, that may be a sign of undue influence. Although this does not automatically mean that your loved one was pressured to change their will, it could indicate undue influence. This is particularly true if the revision was made suddenly.

What to Do if You Suspect Undue Influence 

If you suspect undue influence, you may decide to contest the will. This will require you to enter estate litigation and file the appropriate documents with the court. This process could take anywhere from a few weeks to several years. It is important to always consult an attorney if you suspect undue influence. If you wish to contest the will, the burden of proof is on you to prove undue influence, and this is not something that is ever easily done.

Our Wills and Trusts Lawyer in Daytona Beach Can Prove Undue Influence 

Losing a loved one is hard enough. Fighting for the property that is rightfully yours afterward makes it even more difficult. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can prove undue influence to protect what is yours and to ensure your loved one’s wishes are respected. Call us today at 386-252-5170 or contact us online to schedule a consultation and to get the legal advice you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

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