Legal Question in Wills and Trusts in Florida

Contesting an Estate based on Undue Influence

My father has disinherited my sister and I. He remarried 28 years ago, is almost 86 and has a twenty seven year old son. He owns several commercial shopping centers placed them in trusts and put those trusts in the name of my half brother. The trusts were formed shortly after the birth of my half brother (1980). My father lives in Palm Beach Florida and the commercial property are in New Jersey, Virginia, Idaho and Florida.

My father has been on massive doses of sleeping pills and I suspect anti-depressants for decades. He acknowledges his addiction, has tried to break it, but has failed. These medications have changed his behavior. He has become reclusive and paranoid. But he is able to conduct a conversation play bridge and make certain business decisions.

Until four years ago I had weekly phone conversations with him and visited him in Palm Beach annually. He has now rejected me completely because my sister requested financial assistance four years ago (this seems delusional since I had nothing to do with her request).

My stepmother has subtly lobbied against the children from the first marriage since 1975.

What is the likelihood of inducing a settlement if I chose to contest the trusts? It is a very large estate.


Asked on 10/21/08, 9:24 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Contesting an Estate based on Undue Influence

Based on the facts as you have posted, your chances, in my judgment, are very very close to zero.

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Answered on 10/21/08, 9:46 pm


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