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Florida Probate Blog

Posts Tagged: probate lawyer

Do I Have a Case? The Presumption of Undue Influence?

Written by on Oct 14, 2008| Posted in: Estate Litigation

Do I Have a Case? (Part Four) As I have indicated in prior posts, there are certain categories of evidence that I look for in order to prove undue influence, which has been defined by Florida courts as conduct amounting to overpersuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that the free agency and will power of the testator is destroyed. In re Carpenter’s Estate, 253 So. 2d 697 (Fla. 1971). In Florida, the legislature has created a presumption of undue influence.  What does this mean?

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