Welcome to the Unduly Influenced blog – your “one stop shop” comprehensive informational resource for those with questions about contesting or challenging a Last Will and Testament or Trust in the State of Florida.
Almost every family experiences some type of concern or dissatisfaction by one or more members after the loss of a loved one. More often than not, this comes in the form of a dispute involving the distribution or disbursement of the deceased’s money or property. In some cases, these disputes are not easily resolved (or are not capable of being resolved) among the family members and loved ones themselves. In these instances, the dispute will either go unsettled, or will spill over into the court system during the probate process. These types of cases are informally referred to as “Will Contests” or “Trust Contests.”
As unfortunate as they are, these cases arise more frequently than most would otherwise believe. Due to the large number of seniors and retirees residing in Florida (both full and part time), our Courts are quite familiar with these types of lawsuits. In my experience, probate litigation usually involves one of two scenarios: 1) an innocent family member or friend who has reason to believe someone tricked or duped the deceased (decedent) into leaving them more than they rightfully deserve; or 2) a distraught and sometimes greedy child, sibling, or friend who is upset that the decedent devised or gave more than might have previously been anticipated to a close family member, caretaker, or friend.
This website and blog are intended for informational purposes only. If you are considering becoming involved in, or if you are already involved in a lawsuit, I would strongly encourage you to consult an attorney. Under no circumstance would I recommend that anyone without formal legal training attempt to represent themselves in a Florida contested probate action. The costs of representation in my opinion are usually far less than you might anticipate, and are typically well worth it when considering the amount in controversy. If you have a strong enough case, you should be able to find a qualified attorney to represent you on a “contingency fee” basis – meaning they don’t get paid unless you get paid. If you or your case is located in or near central Florida, feel free to reach out to me directly via the “contact” tab. For those located in or with cases in North or South Florida, please feel free to contact me about potential referrals.
I hope you enjoy the site and are not shy about contacting me with any questions.
Eric A. Dibert, Esq. (licensed in both Florida and Alabama)