Many things can invalidate the enforceability of a Last Will and Testament. One of these things is whether the testator was unduly influenced at the creation and signing of this legal document. If you believe this to be true, and you are legally considered an interested party in the will, you may contest it before the Florida probate court. For this, please read on to discover how to prove someone has exerted an undue influence over your loved one in the making of their will and how a seasoned Broward County wills lawyer at The Probate Lawyers can support your case in court.
Who is most likely to exert undue influence over my loved one?
It is unfortunate yet true that the person your loved one trusts the most is likely to exert undue influence over them and their Last Will and Testament. For one, this unfair power may come from your loved one’s caretaker, whether a family member you volunteered for and assumed this role, or an employee of a hired in-home care service. This person may be heavily involved in your loved one’s everyday life and may even have full access to their financial accounts. At the very least, your loved one may become dependent on them for any decision making, and be subliminally coerced into setting certain terms and conditions into their will.
A little more obvious perpetrator of undue influence may be a new acquaintance, a new romantic partner, or an estranged family member who now suddenly has a close relationship with your loved one. This person may be an opportunist who is looking to take advantage of your loved one’s declining physical health and diminishing mental capacity to manipulate their estate plans. They may do so by slowly isolating your loved one from everyone else they are close to, to the point that they feel inclined to majorly or exclusively designate them to inherit their property and assets, for example.
How do I prove someone’s undue influence over my loved one in court?
If you contest your loved one’s Last Will and Testament on the basis of undue influence, you must be sure to satisfy your burden of proof. That is, you must have clear and sufficient evidence that a third party wrongfully coerced your loved one into creating and signing a will that goes directly against what they truly wished for. This may be accomplished with medical records, if your loved one had a diagnosed condition that compromised their mental lucidity at the time of their will signing (i.e., Alzheimer’s disease, dementia, etc). Better yet, you may employ a forensic accountant who can track down your loved one’s financial records and pinpoint any unusual, drastic transactions and transfers that occurred when the third party entered their life.
As soon as you find yourself in potential legal trouble, you must retain representation and advisement from a competent Broward County estate lawyer from The Probate Lawyers. You should not have to put up this fight alone; we are here to help you.
