What Are the Key Factors of Undue Influence in Florida Deeds?

In Florida, undue influence happens when someone pressures or manipulates a property owner into signing a deed that does not reflect the owner's true wishes. To decide whether undue influence occurred, courts look at factors including:

1. Confidential relationship: a close relationship of trust, such as between a caregiver and an elderly person.

2. Isolation of the grantor: the owner was cut off from family or advisors.

3. Involvement in the deed: the person who benefits helped prepare the deed or arranged the signing.

4. Vulnerability: the owner was ill, elderly, or mentally impaired.

5. Unusual result: the transfer heavily favors one person, especially if it departs from earlier plans.

6. No independent advice: the owner had no independent attorney or advisor review the deed.

Examples

1. Caregiver: an elderly woman deeds her home to her caregiver, who arranged the deed, kept family away, and told her the transfer was what she needed.

2. Family pressure: a man with early signs of dementia is pressured by one child to deed property only to that child. The child drafts the deed and has him sign without a lawyer.

3. Financial dependence: a relative who supports an owner financially convinces the owner to transfer property in exchange for continued support.

Anyone who suspects a deed was signed under undue influence should speak with a Florida real estate or probate attorney promptly. Related: what courts examine in undue influence cases.