Undue influence is a fraudulent act where a person resorts to duress, force or coercion to impact another person’s action and decision. This often happens when a party gets the concerned individual to change the will to benefit them, taking advantage of the testator’s trust or mental incapacity. If you suspect undue influence and are considering contesting a will, it is essential that you know how to build your case. Proving influence Finding signs of undue influence will generally strengthen your case. An indicator is when the accused party stands to receive substantial benefit from the revis ..read more

When someone dies, their will can take effect and help guide what happens to their estate. However, this period can also be the right time for the deceased’s beneficiaries to raise issues involving the will, impacting its enforceability and validity. There can be diverse reasons for them to contest the document’s provisions, such as the possibility of undue influence. An undue influence issue can apply if the beneficiary believes a party influenced the testator during the will’s creation, affecting its contents. It may be a valid reason to contest a will but may require the existence of specif ..read more

Taking on the role of a guardian for an elderly parent is a big step. While you may be considering this decision out of love and care, you must also be prepared for the many challenges you may encounter from such a commitment. The changes guardianship brings will significantly affect not only your parent’s life but yours as well. When is guardianship the right choice? As your parents age, bodily changes and health conditions such as dementia may make it hard for them to make good decisions for themselves. They could start struggling with everyday tasks such as eating, bathing or using the rest ..read more

One of the most potent legal documents is the power of attorney (POA). It grants authority to an agent to act on behalf of the principal. In estate planning, a POA can authorize the agent to give directives for the estate owner’s health condition. It may also allow an agent to make financial decisions such as paying bills, making investments and selling property. The types of powers of attorney There are some limitations to what an agent can do on behalf of the estate owner. It all depends on the scope of authority granted. The scope defines the three types of POA: Durable: This is the most co ..read more

In Florida, as in most states, the laws limit a guardian’s powers under a guardianship order to protect the rights and well-being of the ward. Limits to what a guardian can do A guardian’s authority is limited to what is granted by the court. This grant can include a full authority over an incapacitated person’s affairs or may limit the guardianship to certain areas, such as property management or healthcare decisions. The court makes its decision based on the level of capacity of the person under guardianship, among other considerations. Decisions in the ward’s best interests When making impo ..read more

During the grieving process, the emotions of family members are high. Reading the last will and testament among family members and close friends is a vulnerable situation. While it should serve as closure and the first step to moving forward, it could also create a heated argument between the beneficiaries. Sometimes, a will might sound like it was written by a different person, and this could be because of undue influence.   What is undue influence? When the author of the will is quite old or is in poor health, they could be easily swayed by others. Undue influence often involves a third ..read more

There are several misconceptions about the probate process that can lead to unnecessary stress and confusion for those dealing with the estate of a loved one. Below are some of the most common misconceptions surrounding the probate process. Awareness of these can help provide clarity and understanding to those who need it. Misconception 1: Probate is always a lengthy and expensive process. While probate can be time-consuming and costly in certain situations, it is not always true for all probate cases. Some estates qualify for simplified procedures that can expedite the process, especially if ..read more

Guardianship aims to protect those who cannot manage their own affairs and finances because of incapacity. Unfortunately, the process loses this key purpose when some guardians take advantage of their position and abuse their power. Consequently, it leaves the individual under guardianship vulnerable to physical and financial harm, among other risks. Knowing the signs of guardianship abuse is essential to address and prevent such exploitation to protect the guarded individuals and maintain the integrity of their estate. Financial indicators Abuse of estate guardianship often manifests financia ..read more

Beneficiary designations are crucial in determining who inherits an estate owner’s assets upon death. It ensures that their retirement accounts, insurance policies and similar assets are distributed according to their wishes. Accordingly, clearly specifying beneficiaries is important to avoid confusion and potential disputes among survivors. Otherwise, it can lead to challenges in beneficiary designations, such as the following: Vague beneficiary instructions Ambiguous instructions can lead to complications during asset distribution. When designations are vague, such as referring to beneficiar ..read more

Generally, testators are free to choose who they want to assign as beneficiaries in their wills. Family, relatives and other interested individuals cannot challenge the document’s validity solely for the reason that they find it unfair or believe the testator should have included them in the will. However, there is an instance where one can contest a will because their name was not on the document. It is when the will does not include a child born after its execution. Looking at the testator’s intention In some cases, testators fail to include their children in their wills for reasons such as ..read more