Duress Attorneys in Orlando

Understanding Duress in Florida Probate Law

Duress occurs when someone is pressured, threatened, or coerced into creating or changing a will against their true wishes. In legal terms, this behavior invalidates the authenticity of the will. Florida probate law is clear that a will is void if its execution is procured by duress, fraud, mistake, or undue influence. An Orlando duress attorney can help investigate whether coercion played a role in a will’s creation and take legal steps to challenge its validity.

In many cases, duress happens behind closed doors — through manipulation, emotional intimidation, or the threat of harm. Family members may notice sudden changes to a will that benefit an unlikely person or exclude longtime heirs. These red flags can signal that the testator was not acting freely.

At Bloodworth Law, PLLC, our legal team guides clients through the process of identifying and proving duress during probate litigation. If you believe a loved one’s will was made under pressure, you can speak with our Orlando duress attorney during a free consultation by calling 407-449-8958.

Signs and Evidence of Duress in a Florida Will Contest

Proving duress requires showing that the testator’s free will was overpowered by another person’s conduct. Florida courts often look at specific factors when determining whether duress occurred, including:

• Threats or coercion: Evidence that the testator was threatened with physical harm, loss of care, or emotional manipulation.

• Sudden will changes: Revisions to an estate plan that drastically alter beneficiary designations under questionable circumstances.

• Vulnerability of the testator: Whether the person was elderly, ill, isolated, or dependent on the influencer at the time of signing.

• Witness testimony: Statements from individuals who observed unusual pressure or fear during the will’s execution.

When presenting these facts, your duress attorney in Orlando will gather documentation, interview witnesses, and work with financial and medical experts to support your claim. The burden of proof in these cases is high, but strong evidence can persuade the court that the will was not the true reflection of the decedent’s intentions.

How Duress Differs from Undue Influence and Fraud

While duress, undue influence, and fraud all involve improper interference, they are legally distinct concepts under Florida law. Understanding these differences helps you determine the best course of action when contesting a will.

• Duress involves threats or force that eliminate the testator’s freedom to choose.

• Undue influence refers to manipulation or persuasion that exploits trust or dependency without direct threats.

• Fraud occurs when false information leads the testator to make decisions based on deceit.
  An experienced Orlando duress attorney will evaluate your case to identify which of these factors apply. In some instances, multiple forms of misconduct overlap. For example, an individual might use both intimidation and deception to pressure someone into changing their will. The key question in every case is whether the testator’s decisions were truly voluntary. Bloodworth Law helps clients navigate these distinctions to build a solid foundation for their claim.

Legal Steps to Challenge a Will Under Duress in Orlando

If you suspect a will was signed under duress, it’s essential to act quickly. Florida law limits the amount of time you have to challenge a will after receiving notice of the probate proceedings. Your duress attorney will begin by filing a petition for revocation of probate, alleging that the will was procured through unlawful pressure.
The process may include:

1. Reviewing the will and related documents to identify inconsistencies or suspicious changes.

2. Interviewing witnesses who were present at the signing or aware of coercive behavior.

3. Collecting medical records that show the testator’s mental state or vulnerability at the time.

4. Presenting evidence in probate court to demonstrate the existence of duress and seek to invalidate the will.

Successfully proving duress can result in the court voiding the coerced will and reinstating a previous version, or distributing the estate according to Florida’s intestacy laws. Working with a duress attorney in Orlando ensures your claim is filed within the legal deadlines and supported by credible, detailed evidence.

Why Choose Bloodworth Law for Probate Litigation

Bloodworth Law, PLLC, provides representation in complex probate and trust disputes throughout Orlando and Central Florida. Attorney L. Reed Bloodworth and his team understand how emotionally charged these cases can be, particularly when family members disagree over a loved one’s true wishes. The firm focuses on uncovering the facts, protecting client rights, and pursuing fair outcomes through strategic probate litigation.
Clients turn to the firm for guidance in:

• Contesting wills based on duress, fraud, or undue influence

• Challenging or defending trust modifications

• Handling disputes between heirs and fiduciaries

• Navigating probate procedures and court filings

Every case begins with a careful review of the facts, timelines, and available evidence. Whether you’re contesting a will or defending against allegations of coercion, the firm’s attorneys work to achieve resolutions grounded in Florida law and the testator’s authentic intent.

Schedule a Free Consultation with a Duress Attorney in Orlando

If you believe a loved one was pressured or threatened into creating or changing a will, you don’t have to face the situation alone. Duress cases require prompt legal action and careful documentation to protect your rights and preserve your inheritance. At Bloodworth Law, PLLC, our team handles duress-related probate litigation with the attention and professionalism these sensitive matters deserve.

Contact 407-449-8958 to schedule your free consultation with an Orlando duress attorney today. Let our firm help you uncover the truth, safeguard your loved one’s intentions, and pursue justice through the Florida probate process.