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Florida's probate courts are seeing a troubling rise in cases involving the exploitation of vulnerable adults. As a probate litigator, I routinely see disputes that could have been avoided if proper safeguards had been implemented at the estate planning stage. A recent Florida will and deed contest that proceeded through a three-day trial offers a powerful reminder of how exploitation unfolds and how attorneys can help prevent it.
A recent Florida will and deed contest, resolved after a three-day trial, offers a powerful case study on how exploitation can unfold and, more importantly, how it can be prevented. The case highlights the critical role estate planning attorneys play in safeguarding client intent and avoiding outcomes that lead to costly and avoidable litigation.
The Growing Risk of Exploitation in Estate Planning
Florida's aging population, combined with geographic separation from family members, has created fertile ground for exploitation. Vulnerable adults who live alone or lack nearby family support are increasingly targeted by individuals who present themselves as helpers, caregivers, or trusted advisors. When illness or hospitalization enters the picture, the risk escalates.
In many cases, estate planning documents are executed during periods of physical decline or cognitive vulnerability. When proper safeguards are not in place, those documents become prime targets for challenge and, in some instances, judicial reversal.
A Case Study in Undue Influence
In this case, the decedent had been estranged from his children for decades. The estrangement was not the result of abandonment by the children, but rather a choice made by the decedent. Years later, as he lay critically ill in the hospital, the children reconnected with their father with the assistance of a longtime friend and neighbor.
During this time, a third party emerged who had recently entered the decedent's life under the guise of offering home repair services. Evidence later showed that this individual positioned himself as the decedent's primary helper, inserted himself into decision-making, and ultimately orchestrated the execution of a will and deed while the decedent was hospitalized in intensive care shortly before death.
The children, encouraged by hospital staff and the neighbor, investigated further. Their inquiry revealed that the third party had retained an attorney, initiated the preparation of estate documents, and stood to receive the primary benefit. The resulting litigation led to a final judgment invalidating the will and deed that the decedent signed as a result of undue influence and exploitation.
The estate planning attorney in this case only met with the decedent twice and it was to have documents signed that had been prepared based on the request and instructions provided by the exploiter, but the estate planning attorney met and spoke with the third-party exploiter without the decedent (actual client) being present. The estate planning attorney only asked the decedent to confirm his wishes as told to him by the exploiter and did not have the decedent explain or convey his wishes directly, i.e., "this is what you want, correct?". The exploiter even went so far as to provide a document in his own handwriting to the attorney with a detailed list of the decedent's assets that the decedent wanted him to receive.
Red Flags Estate Planning Attorneys Should Never Ignore
While each case is fact-specific, this matter reflects a pattern that estate planning attorneys should immediately recognize as high risk. Common red flags include:
- A third-party initiating contact with the attorney on behalf of the client
- Instructions being relayed primarily through someone other than the testator
- A client who is hospitalized, critically ill, or otherwise physically compromised
- Urgent requests to prepare documents on an accelerated timeline
- Significant deviations from prior estate plans or natural beneficiaries
- A lack of independent verification of capacity and intent
Individually, these factors warrant caution. Taken together, they demand heightened scrutiny or, in some cases, a decision not to proceed at all.
Who Is the Client? Ethical and Practical Duties
At the heart of this case there was a fundamental breakdown in attorney-client alignment. The final judgment was notably critical of the estate planning attorney's conduct, finding that the attorney appeared to treat the third-party exploiter as the client rather than the decedent.
Estate planning attorneys must remain vigilant in identifying who the client is and ensuring that all advice, communication, and decision-making flow directly from that individual. When a third party dominates the process, the attorney risks undermining client intent and exposing both the estate and the attorney to scrutiny.
This duty is not merely ethical; it is practical. Courts routinely examine whether the attorney took steps to confirm independent intent, explained documents directly to the testator, and exercised professional judgment when circumstances warranted delay or refusal of representation.
How Planning Failures Become Probate Litigation
From the probate litigator's perspective, cases like this are often preventable. Once the testator has passed, the burden shifts to heirs to reconstruct events, challenge documents, and prove undue influence through circumstantial evidence. These cases are emotionally charged, fact-intensive, and costly for all involved.
Judges evaluating undue influence claims focus heavily on suspicious circumstances surrounding execution. The same factors that should have triggered caution during estate planning often become the foundation for judicial findings after death.
Practical Safeguards to Prevent Exploitation
Estate planning attorneys can significantly reduce risk by implementing consistent safeguards, including:
- Meeting privately with the client without third parties present
- Documenting capacity assessments and client intent contemporaneously
- Explaining documents in clear, client-focused language
- Verifying asset ownership and understanding of disposition
- Slowing or declining representation in high-risk hospital or end-of-life scenarios
- Maintaining detailed notes that reflect independent decision-making
These practices protect not only the client, but also the integrity of the estate plan and the attorney's professional standing.
Why This Judgment Matters
The final judgment in this case offers rare insight into how courts view attorney conduct in exploitative situations. Its detailed factual findings provide a roadmap of what can go wrong when proper boundaries are not maintained. For young estate planning attorneys especially, it serves as a powerful reminder that technical competence alone is not enough. Process, judgment, and professional independence matter.
Conclusion
Estate planning attorneys are uniquely positioned to stop exploitation before it starts. When safeguards fail, probate litigators are left to unwind the damage. This case underscores the importance of recognizing red flags, prioritizing client autonomy, and exercising professional restraint when circumstances demand it.
By learning from these cases, the legal community can better protect vulnerable adults, honor true client intent, and prevent disputes that should never reach the courtroom.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
