Posts tagged "fraud"

Contesting a Will or Trust as a Result of Undue Influence in Florida

In Florida, a Last Will & Testament or a Trust can be contested for a number of reasons, including fraud, duress and undue influence. In the case of undue influence, if a substantial beneficiary under a Will or Trust occupies a confidential relationship with the person who executed the instrument and is active in procuring the contested Will or Trust, a presumption of undue influence arises. So what does it mean that a person is active in procuring?

Duty to Disclose in Florida Real Estate Sales--Seller Beware!

Prior to 1985, when it came to real estate sales, Florida, like many states, applied the legal principle known as "caveat emptor" or "buyer beware." In essence, that meant that when a buyer bought a property, they did so at their own risk as far as the condition of the property. That trend changed in 1985 with the Florida Supreme Court's ruling in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).

What happens if a Will is set-aside or voided?

Beneficiaries, or those excluded from being a beneficiary, of a person's Last Will and Testament sometimes file litigation to challenge the Will. This is usually done based on allegations of undue influence, fraud, coercion or duress. So what happens if the challenge is successful and the Will is set-aside? Does that mean a prior Will comes back into effect or does it mean the person died intestate, i.e. with no Will? As with many things in the law, the answer is "it depends."

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

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