Protecting Vulnerable Beneficiaries in Estate Disputes

Estate disputes often arise when family members suspect that a vulnerable loved one was coerced into making changes to their will or estate plan. In Florida, undue influence is a legal doctrine that protects elderly or incapacitated individuals from manipulation by those seeking to benefit financially. This form of elder abuse can have devastating consequences, leading to unfair asset distribution and the disinheritance of rightful heirs. Bleakley Bavol Denman & Grace understands the signs of undue influence and knows how to challenge it in court to protect vulnerable beneficiaries.

What Is Undue Influence?

Undue influence occurs when someone pressures, manipulates, or coerces an elderly or incapacitated individual into making estate planning decisions that they would not have made otherwise. This often involves a trusted caregiver, family member, or financial advisor taking advantage of the individual’s diminished capacity.

In Florida, courts look for the following factors when determining whether undue influence has occurred:

• The influencer had a confidential or fiduciary relationship with the testator (the person making the will).
• The influencer was actively involved in procuring or changing the will.
• The testator was in a weakened physical or mental state.
• The changes to the will disproportionately favor the influencer over other expected beneficiaries.

Warning Signs of Undue Influence in Estate Planning

Undue influence can be difficult to detect, especially when the victim is isolated or dependent on the influencer. Some red flags include:

• Sudden and unexplained changes to a will or trust that favor one individual disproportionately.
• Isolation of the elderly person from family and friends, preventing them from seeking outside advice.
• Unusual secrecy about estate planning decisions or financial matters.
• A new or unexpected power of attorney giving control to one person.
• Statements from the testator indicating fear or pressure to make specific decisions.

How to Challenge Undue Influence in Florida

If you suspect undue influence, you may be able to challenge a will or trust in Florida probate court. Under Florida law, the burden of proof shifts to the person accused of exerting undue influence once a presumption of undue influence has been established. This typically happens when a person:

1. Had a confidential relationship with the testator.
2. Was actively involved in procuring or changing the estate plan.
3. Received a substantial benefit under the new estate plan.

To prove undue influence, you may need to present witness testimony, medical records, financial documents, and expert opinions on the testator’s mental capacity at the time of the estate changes.

Preventing Undue Influence and Elder Abuse

To protect vulnerable individuals from undue influence, consider the following steps:

• Encourage independent legal and financial advice for elderly family members.
• Ensure estate planning meetings are private and free from pressure.
• Establish oversight mechanisms, such as appointing co-trustees or requiring medical evaluations for major estate changes.
• Report suspected elder abuse to Florida’s Adult Protective Services if necessary.

Final Thoughts

Undue influence is a serious form of elder abuse that can rob rightful heirs of their inheritance and exploit vulnerable individuals. If you suspect that a loved one has been coerced into changing their estate plan, legal action may be necessary to challenge the will or trust and restore fairness to the estate distribution.

At Bleakley Bavol Denman & Grace, our Tampa Estate Planning Attorneys are experienced in handling estate litigation and undue influence claims. Contact us today to discuss your case and protect your family’s inheritance.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.5165.html