Undue influence in Florida deeds requires a confidential relationship, active procurement by the influencer, and a substantial benefit to the influencer. Courts use the 7 Carpenter factors, along with factors such as isolation and vulnerability, to invalidate the deed.
Main Elements Courts Examine
To establish undue influence, three core elements are usually required: a confidential or fiduciary relationship between the influencer and the grantor, the influencer's active procurement of the deed, and a substantial benefit received by the influencer. When these elements are shown, a rebuttable presumption of undue influence arises, shifting the burden of proof.
Carpenter Factors for Active Procurement
Florida courts rely on the seven Carpenter factors to determine active procurement:
The beneficiary was present at the execution of the deed.
The beneficiary was present when the grantor expressed the desire to make the deed.
The beneficiary recommended the attorney who prepared the deed.
The beneficiary knew the contents of the deed before signing.
The beneficiary gave instructions to the attorney regarding the preparation of the deed.
The beneficiary secured the witnesses to the deed.
The beneficiary kept possession of the deed after signing.
Additional Important Factors
Courts also consider other signs, such as isolating the grantor from family or advisors, the grantor's mental or physical vulnerability due to age, illness, or dependency, an unnatural or unfair outcome of the transfer, and the lack of independent legal advice for the grantor. If these factors are present, the court may set aside the deed. Contact a Florida real estate or probate attorney immediately to evaluate your case and protect your rights.
