Whether you're the personal representative defending an undue influence challenge to a testator’s will in Seminole County, Florida, or a beneficiary denied their rightful claim to an estate due to undue influence, you will want to seek the advice of an experienced probate attorney in Daytona Beach, Orlando or surrounding Central Florida areas.
Undue influence occurs when someone is being coerced, threatened, forced or otherwise influenced into distributing their assets in a manner that is not consistent with their actual wishes. For instance, a spouse my use undue influence to persuade the testator to modify the will to leave the bulk of his or her assets to the surviving spouse upon death instead of being divided among the immediate family members. The State of Florida undue influence law protects individuals from being forced to leave assets to one or more beneficiaries.
Beneficiaries or heirs to the estate who believe they have been denied their rightful assets can seek to revoke or invalidate the will due to undue influence. However, as in all civil actions, the burden of proof lies solely with the plaintiff to prove based on the preponderance of the evidence that the will is a result of undue influence. Therefore, it is important to discuss the facts of the case with a probate lawyer as soon as possible.
Jerry B. Wells is an experienced probate lawyer who has been protecting the legal rights of individuals, personal representatives and beneficiaries in the Sanford, FL area for more than forty years. His experience includes, but is certainly not limited to contesting wills and disputes, estate administration and probate litigation, to name a few. From rock-solid legal wills to establishing and managing trusts, you can count on his experience and integrity to solve any legal issue you may be facing.
If you're searching for an experienced and talented probate attorney in the Daytona Beach, Orlando or other Central Florida area, contact Jerry B Wells at (386) 253-3676 or Email Usto schedule a free initial consultation.