WILLS CONTESTATION INVOLVES FRAUD ACCUSATIONS

It is not uncommon for people in Miami to believe that wills are ironclad. However, it is possible for people to initiate legal action for contesting a will. Usually, people will need to show that the will was created from an undue influence such as a manipulative family member or financial advisor, that the person who made the will was not competent to make such decisions or that there was some form of fraud.

One woman in Florida has filed an appeal after her initial lawsuit was dismissed with prejudice recently. The woman claims that the wills of her mother and her aunt are fraudulent. The mother’s will apparently disinherited the woman and her brother while leaving the other daughter the entire estate. The aunt’s will left the responsibility of distributing her assets to the same sister and additionally granted her ownership of her wedding bands and diamond earrings.

The Florida woman has alleged in her lawsuit that her sister and a solicitor forged the signatures and initials of the mother and aunt. The two document examiners she hired agreed that the writing differed from known writings of the two women. The Florida woman also claims that she was not told when her aunt’s estate went into probate, despite the fact that the will specified that surviving relatives should be given part of the estate.

As people become successful and grow older, people who they trust may take advantage of their position to obtain their monies and other valuable assets upon their death. Family members who suspect that their loved ones have been unduly influenced, may find it helpful to talk with an attorney.

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Written by Luis E. Barreto

Luis E. Barreto

Luis is a probate and guardianship litigator with over 23 years of experience in the field. Determination of heirs, will contests, breaches of fiduciary duty, removal of personal representatives, guardians and trustees are just some of the types of litigation he addresses. In addition, he administers non-contested estates and guardianships.