Mom Loved Me More Than She Loved You – Undue Influence Claims Relating to the Execution of a Will in Florida

You may be surprised to learn that the question of who was the favorite son or daughter persists, even after death. The adage that “death ends all arguments” sometimes does not apply when the issue of sibling rivalry arises in estate planning. Will contests, based upon the claim that one heir exercised an unfair level of influence upon the person that died, is quite common in Florida based, at least in part, on Florida’s time worn reputation as a place where people come to spend their last years. So, how can you tell when one heir to a will exercises influence which is unfair upon the person executing the will and tilts the balance of who receives the assets, upon death ?

There is no law that says that Mom and Dad must treat all of their children equally in their estate planning. There is also no law that says Mom and Dad must leave anything to their children. The only genuine regulation regarding Florida estates is that Mom and Dad cannot fail to include one another in their will if one survives the other. In sum, you cannot disinherit your spouse. Nonetheless, when a person, known as the testator, is preparing their last will and testament, sometimes when that person is either ill or facing death, it can create a fertile ground for interference and/or bad conduct by beneficiaries.

Here are some telltale signs which may indicate that one heir has engaged in some conduct the purpose of which is to unfairly influence the testator to favor that one heir over others in connection with the preparation of an estate plan:
a. The testator is often alone and without contact with their rest of the family except for the influencer.
b. The testator is estranged from the rest of the family;
c. The influencer either resides in the State of Florida near the testator or visits often
enough to provide an opportunity to influence the testator in their decision making.
d. The influencer exercises some level of control over the testator, sometimes through the control of medical care or through financial decision making.
e. The other heirs reside far away from the testator.
f. The influencer recommends counsel to the testator;
g. The testator makes last minute changes, of a significant nature, to their will.
h. The last-minute changes usually are in the favor of the influencer and to the detriment of other relatives.

The above are just some things to look for when analyzing whether the influence
exercised against the testator is worth challenging in court. In many cases, the changes made to a will, at the last minute, may be minor; in other cases, they can be life altering for the survivors. If you have concerns about changes made to the will of a loved one, you should contact counsel who will review the issues with you in depth and provide direction as to whether the changes can, or should be, be challenged in a court proceeding.