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Are You Being Accused?
It is a noble pursuit to spend your time caring for someone who may need a little extra help. You take time out of your busy schedule to spend extra time helping that person by straightening up their home, running errands for them, or accompanying them to doctor’s visits. Your intent is only to help without the expectation of receiving anything in return. Unbeknownst to you, they change their will and end up leaving more to you than their other family members, and you don’t find out until after this loved one has passed away. Now, you have angry relatives claiming you took advantage of the decedent and encouraged them to alter their will, and they bring a case against you in probate court.
You need a strong defense to not only retain your inheritance but also avoid criminal charges and costly penalties. You need an attorney who understands probate litigation. Someone who can examine your case and help you build an airtight defense. You need Bloodworth Law, PLLC. Our probate litigation attorneys can assist you with this and other probate matters.
What is Undue Influence?
Undue influence in estate planning occurs when someone exerts pressure or control over someone who is creating or amending their will, called the testator. This manipulation is intended to change the testator’s will for their own personal gain.
Florida’s probate laws exist to protect an elderly or vulnerable testator from being pressured or manipulated into altering their will to benefit the aggressor. Common undue influence allegations may include:
- Isolation of the testator from their family members or legal and medical advisors.
- Manipulation of finances and healthcare decisions to gain control of assets.
- Sudden drastic changes to a will that disproportionately benefit one person.
- Creating dependence on the aggressor, usually by a caregiver or family member.
While these are the most common cases, undue influence claims can arise for any number of reasons, and false allegations from disgruntled heirs or potential heirs can occur when they feel wronged by the decedent’s estate plan.
What options are available to you if you are being accused of undue influence?
What Defenses are Available to You?
The burden of proof in undue influence claims lies with the accuser. They will need expert testimony, witnesses, and substantial proof to prove their claims. When you work with a knowledgeable probate litigation attorney together, you can build strategic legal arguments and bring substantial evidence to prove that the testator acted freely and of their own volition.
Common defense strategies may include the following.
Proving the Testator’s Independence
Most undue influence claims revolve around the idea that someone exerted their own will over the testator. Proving that the testator made their own estate planning decisions free of excessive external influence is one of the strongest defenses. Things like emails, hand-written letters, recorded conversations, and verifiable financial records can show that the testate acted of their own accord.
Proving Lack of Coercion
Suppose you can get the testator’s friends, caregivers, or attorneys to confirm that the testator wasn’t influenced, pressured, or manipulated when drafting their will. In that case, you may be able to reinforce that the testator’s decisions were their own.
Prove Logical Estate Planning Decisions
If you can prove that the testator’s current will align with their past estate planning habits, you may be able to prove that you did not influence their plan. Working with your probate litigation attorney, you can show consistency with prior wills and past financial gifts to dismantle claims of undue influence.
Expert Testimony
If the testator’s mental capacity is being challenged, medical records and expert evaluations can help you prove that they were competent and capable of drafting or signing their will. Statements from doctors and other medical professionals who were familiar with the testator’s mental capacities can be crucial evidence.
Proving the Accusor Is Not Credible
Unfortunately, people may make undue influence claims because they have ulterior motives, usually financial gain. If your probate litigation attorney is able to expose contradictions, past disputes, or the economic interests of the accusor, their waning credibility can be enough to have the claims dismissed.
What Preventative Measures Can Testators Take to Protect Their Will from Disputes?
The best defense for undue influence allegations is smart, legally sound estate planning. By ensuring the will was drafted by a professional, signed by at least two witnesses, and properly distributed, you can ensure your final wishes are being honored and harder to contest.
By including a no-contest clause, you can dissuade disgruntled family members from contesting the will at the risk of losing their entire inheritance. Using video recordings or expert legal counsel during the creation of the will can affirm your final decisions. Maintaining clear and open communication about changes in your will with your heirs can also significantly reduce the chance of disputes after your death.
Do you need help with your estate plan? Contact Bloodworth Law, PLLC, to get started on a rock-solid plan.
Do You Need a Probate Litigation Attorney?
Yes! As soon as a dispute arises during probate or someone accuses you of undue influence over the testator, you should call 407-449-8959 for a free consultation with Bloodworth Law, PLLC. Our attorneys are trained to ensure a testator’s final wishes are being honored and that their estate is fairly distributed according to their will.
Probate is already a lengthy process, and disputes can cause substantial, costly delays. Contact us today to ensure you get your rightful inheritance.
