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Undue Influence FAQs

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You may have heard the term undue influence before, or you may not have, but chances are, if you are reading this, you are all too familiar with the concept of someone manipulating or coercing a vulnerable individual into making decisions that they otherwise would not have. This is the concept that undue influence is meant to describe. In this post, we’ll dig a little deeper. If you have questions about a particular case, it is always best to consult directly with a West Palm Beach estate planning lawyer. If you would like to schedule a consultation, feel free to reach out to the Law Offices of Larry E. Bray to schedule one.

What exactly is undue influence?

Often, it applies to situations in which an elderly individual’s caretaker asserts physical or psychological influence in order to get the elderly individual to do something that they otherwise would not choose to do. In many cases, this involves including the influencer as a beneficiary in their will and re-assigning them assets that had been previously designated to other beneficiaries. If you are one of these beneficiaries, and have lost your intended share of a loved ones’ assets based on the calculated, manipulative, and illegal actions of another, you may have legal avenues available to help you recover what your loved one would have wanted you to have.

What are common instances of undue influence?

Undue influence commonly occurs in situations where a caretaker has control over a vulnerable person, such as a patient or elderly adult. However, it can also occur in cases where step-parents manipulate or coerce the other parent into redistributing resources from their children to the other stepparent or the stepparent’s children.

How do I prove undue influence?

The burden of proof for establishing undue influence is on the person alleging it. You must demonstrate that the victim was vulnerable and that the influencer had apparent authority over the victim. You must also be able to provide evidence showing the influencer’s manipulating or coercive actions.

What is evidence of undue influence?

Evidence of undue influence can include demonstrating that the influencer had and utilized control over the victim’s daily life and necessities, such as food, medicine, and the ability to use the bathroom. Demonstrated use of affection, intimidation, and coercion can also be persuasive. The equity of the result can also be submitted as evidence. This can be represented in a deviation from the victim’s prior expressed intent or course of action, as well as the appropriateness of the amount given the nature and length of the relationship.

Talk to a Florida Undue Influence Attorney

If you have not received an expected inheritance due to undue influence, the Law Offices of Larry E. Bray are ready to help. Larry E. Bray has over 35 years of experience fighting unfair and illegal influence against vulnerable parties and ensuring that their estates are distributed as they would have wanted. Contact Larry E. Bray today to schedule a consultation and find out how he can help you.

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