Miami, Florida Undue Influence Will Contest Attorneys
In general, “undue influence” refers to the substitution of the desires and wishes of a testator for those of the will’s beneficiary. Typically, a close relative, friend, or unscrupulous healthcare provider manipulates or defrauds an elderly or ailing person into declaring them the beneficiary of certain properties and assets through their will. In cases involving remarried couples, a spouse may manipulate their husband or wife into including their children in a will in place of the testator’s children from a previous marriage. Regardless of the scenario, establishing undue influence can invalidate a will and create additional legal issues for an estate and its beneficiaries. At Barreto & Romero, P.A., our attorneys have represented countless clients in will contests involving allegations of undue influence. We interview witnesses, analyze handwriting, recreate the timeline of a will's creation, and expose inconsistencies and anomalies that indicate undue influence.
If you believe your deceased family member was the victim of undue influence at the time of the writing of their will, contact will contest lawyers at Barreto & Romero, P.A. today to schedule a free consultation to discuss your case.
Determining Undue Influence
Perhaps the most important case regarding undue influence for Florida state law is In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971). In determining if undue influence was a factor in the creation of a decedent's will, Carpenter established the following seven criteria:
- The beneficiary was present at the execution of a will
- The beneficiary was present when the deceased stated a desire to make a will
- The beneficiary suggested or supplied an attorney to create the will
- The beneficiary was aware of what the will contained before it was read at its execution
- The beneficiary instructed the attorney in what to include in the will
- The beneficiary provided witnesses for the will
- The beneficiary kept the will after its execution.
In addition to these factors, the Florida courts also consider the following as indicators of a presumption of undue influence:
- Isolation of a will's creator and the disparagement of other family members
- A clear mental inequality between a beneficiary and the decedent
- Whether a will's (or trust's) provisions are reasonable
Contesting a Will according to Allegations of Undue Influence
When a will's creator is deceased, evidence using eyewitness statements, attorney records, and other documents must be gathered in order to establish a presumption of undue influence under the criteria outlined in Carpenter and the three additional factors mentioned above. At Barreto & Romero, P.A., our attorneys carefully reconstruct what happened in the creation of a will. Using Carpenter as a guide, we expose undue influence in the manner in which a will was created was well as in the actions and unequal relationship between a beneficiary and a testator.
Contact Undue Influence Attorneys at Barreto & Romero, P.A. Today
If you believe your family member was isolated from others, manipulated by another family member, or taken advantage of during a vulnerable time in their life, contact will contests attorneys at Barreto & Romero, P.A. today to schedule a free consultation to discuss your case.
