Will and Trust Contests
Welcome. Under Florida law, a Will is not valid, if procured by fraud, duress, or undue influence.
Unfortunately, this situation occurs at times with elderly people. An elderly person can be vulnerable and therefore an easy mark for exploitation. Sometimes they can be unduly influenced to change the beneficiaries in a Will or Trust in that person’s favor, and to another’s detriment.
If such a change in the Will or Trust is procured by undue influence, or if the testator lacks capacity, then the Will or Trust will be declared invalid, and an earlier Will or Trust if exists, will be admitted to probate.
To resolve the issue, it may be necessary to take depositions of the involved persons, and conduct other discovery procedures to determine the rightful beneficiaries.
Diane Zuckerman has been a litigator for most of her career, and is experienced in trial practice and mediation, to bring these complicated disputes to resolution.