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What Can You Do if Your Elderly Parent Changes Their Will and You Are  Suspicious of the Circumstances in the Orlando, Florida Area? 

What can you do if your elderly parent changes their will and you are suspicious of the circumstances in the Orlando, Florida area? If you think something suspicious went on when your parent changed their will, then you can see an attorney regarding that. You can also start gathering your evidence as to whether there was undue influence when your parent changed their will. 

Was there undue influence?

1. Did the alleged undue influencer have a confidential relationship with the decedent?
2. Are they a substantial beneficiary under the Will?
3. Were they active in procurement of the Will? 

The Florida Supreme Court set forth a working checklist for identifying active procurement in Carpenter, 253 So. 697. The factors are as follows:

1. Presence of the beneficiary at the execution of the Will.
2. Presence of the beneficiary on those occasions when the testatrix expressed a desire to make a Will.
3. Recommendation by the beneficiary of an attorney to draw the Will.
4. Knowledge of the contents of the Will by beneficiary prior to execution of the Will.
5. Giving of instructions on preparation of the Will by the beneficiary to the attorney drawing the Will.
6. Securing the witnesses to the Will by the beneficiary.
7. Possession of the Will by the beneficiary after the execution of the Will by the testator.

There are other red flags:

Isolating the testator and disparaging family members.

Inequality of mental capacity and strength between the testator and the beneficiary.

Objective reasonableness of the Will provisions. 

You do not have to show all these factors. These factors give you an idea of whether your suspicions are reasonable. There may be other things that you can show to support your position too. These factors are neither mandatory nor exclusive. 

Other factors to consider are whether your parent has the early stages of dementia or full blown dementia.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege.