Florida Undue Influence Claims

Undue Influence Claims which challenge whether the testator made the Last Will and Testament freely without being coerced by someone. An undue influence lawsuit relates to whether the decedent made his or her Last Will and Testament without being coerced by another person or persons. For example, a family member, friend, long-time employee, or acquaintance might pressure a frail, elderly person to leave most or all of his or her assets to that person while excluding children, relatives and others who should receive the inheritance. Undue influence occurs when a person is compelled to perform an act (signing of a Last Will and Testament) as a result of improper pressure exerted upon him or her.

When a person advances in age, many times the natural process of diminishing physically and mentally occurs. Short-term memory loss often occurs gradually and typically memory loss goes untreated and ignored until it becomes so prevalent that is becomes debilitating even to the point where it can effect an elderly person's judgment. Not wanting to become dependent or a burden on family members, when seniors struggle with the bill paying, shopping, cleaning, driving, medication and doctors' appointments, the elderly will rely on any person who can assist them in keeping what they perceive as their independence.

Unfortunately, with the combination of diminished capacity and reliance on strangers, second spouses and friends, courts are being flooded with lawsuits accusing these people of fraud, theft, coercion, and voiding Wills and deeds based on the claim of undue influence. These lawsuits exist because elderly men and women, who become less able to manage their personal affairs and financial affairs become vulnerable to the influence of others. Sometimes the influence and reliance on others is a natural part of growing older and the third party is honest and helps for no other reason than compassion for another. Many times though, what starts out innocently enough slowly develops into exerting control over the person's affairs and invariably gifts, transfers and new Wills are prepared with these people becoming the beneficiaries.