Legal Question in Wills and Trusts in Florida

My grandmother passed away last month, leaving behind two children my father David and Aunt Debbie, however in her will she leaves completely everything to her niece Marianne who was also made her power of attonery also. My dad and aunt wish to contest the will for undue influence. However the will was made back in 1997 which makes it alot harder to prove. In 1995 my grandmother divorced her husband however still had a great relationship with her children. However after this divorce she changed he will leaving nothing for her children and everything to a niece. On top of that we know that she recommended the attonery who made up the will and drove her to the appointment. Also my grandmother's family had an orange grove that is passed down to each generation. My father and aunt would have recieved their mother's share yet Marianne got it from the will. Marianne is also to recieve another share when her mother my grandmother's sister passes away too. This is what she was most after of my grandmother's .... she want's to take control of the whole orange grove. Is there anything we can do ? Are we able to contest the will ? Please help my family claim what is rightful theirs. Thank you for you time.


Asked on 1/12/11, 10:48 pm

1 Answer from Attorneys
Richard Kaplan

You present a very difficult situation. Just because you don't like the Will or don't agree with the Will does not in itself make it invalid. It was your grandmother's property to do what she wanted with it. It is not rightfully the family's claim.

Unfortunately you do not present sufficient facts to based an undue influence contest. You have to look at whether her niece excerted such control over your grandmother that your grandmother substituted the niece's desires for her own. In other words, the niece wrote the Will and not your Grandmother.

If it is just that your grandmoter like the niece best and appreciated everything she did for her, that is not undue influence. You do have to see if the niece was present during the making of the Will and at the execution. That may help. Recommending and driving to an attorney, with no other factors, may not be sufficient. Based upon what you provide it will be a difficult case.

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Answered on 1/18/11, 5:07 am


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