Allegations of undue influence arise in situations where a last will and testament disproportionately benefits someone who had close contact with a family member while he or she was close to death or suffering from a debilitating disease such as Alzheimer’s or dementia. Suspicion of manipulation or coercion on the part of a family member, friend or health care worker is common.
At Burandt, Adamski, Feichthaler & Sanchez, PLLC, we represent clients in contested will matters. When necessary, we work closely with medical experts, geriatric specialists and private investigators to prepare our cases. We review and present strong evidence that supports our clients’ claims and rights.
If you believe that undue influence or a lack of mental capacity has played a role in a loved one’s will, contact us. Together, we can discuss contested wills and how to mount a proper will dispute.
Determining Undue Influence
Timelines, eyewitness testimony and the health of the deceased are extremely important in examining allegations of undue influence: Did the deceased change his or her will to specifically benefit a person who suddenly started spending more time with the deceased? Is there any reason to believe that an illness played a role in the deceased being more vulnerable to manipulation? Are there questions surrounding signatures or the validity of certain documents?
As your lawyers, we will review documents and records pertinent to the creation of the will or codicil in question. We will also interview witnesses, investigate the background of beneficiaries and strive to expose conflicts of interest or suspicious behavior. Depending upon the circumstances, we may be able to re-create when certain changes were made and establish whether the deceased had a diminished mental capacity at that time.
Recovering Lost Property
Due to the fluid nature of cash, it’s often difficult to recover money from bank accounts that have been cleared and stocks that have been liquidated. It may even be necessary to retain the services of a forensic accountant. When homes and other forms of real property are involved, however, they’re almost always recovered upon the successful completion of a will contest.
To learn more about contested wills and the legal options available to you, contact us. We have been serving the legal needs of clients throughout Florida for over 40 years.