Undue Influence Archives

Florida’s Presumption of Undue Influence in Will Contests

Written by Thomas Upchurch | November 18, 2019

A Florida will is meant to ensure that the deceased person’s wishes are carried out. But, when the testator is subjected to undue

Probate Litigation: Is There a Way to Remove the Court-Appointed Guardian of my Father?

Written by Thomas Upchurch | February 14, 2016

It depends upon whether or not the court-appointed Guardian has violated any of the 21 reasons to remove a Guardian under section 744.474,

The Wave of the Future: Contest Joint or Payable on Death Accounts Due to Undue Influence

Written by Thomas Upchurch | February 02, 2016

As the wave of more savvy and legally informed individuals choose alternate methods to avoid costly probate, litigation will likely sway toward joint

Trust Litigation: Was Bobbi Kristina Houston Subjected to Undue Influence?

Written by Thomas Upchurch | January 18, 2016

Long before her untimely death, Whitney Houston prepared her estate planning documents after the birth of her daughter Bobbi Kristina. In her 1993

Caregiver Takes Advantage of Vulnerable Elderly and Absconds Money

Written by Thomas Upchurch | November 24, 2015

The elderly can be the most vulnerable to care giver corruption and fraud. Recently, a few family members came into my office to

Probate and Trust Litigation: Undue Influence And Voracity Leaves Third Spouse Empty Handed

Written by Thomas Upchurch | October 30, 2015

Today’s estate planning entails a mixed family of children from previous marriages and previous spouse’s entitlement to portions of life insurance policies, real

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