Proving undue influence of a settlor of a trust is challenging for a Trustee. While the Trustee has a right to challenge, it does not mean the court will grant the Trustee’s request. For instance, in Liz MacIntyre, as Trustee of the Helen M. Wedrall Trust v. Agne Wedell, 4D08-754, 4th DCA (May 20, 2009), the answer is in the negative. On the other hand, in Paananen v. Kruse, 581 So. 2d 186 (Fla. 2d DCA 1991), it was found that the product of undue influence did occur.
Both cases deal with an allegation of undue influence after death. The difference in each case is that in the first case the Inter Vivos Trust was not ripened and in the latter, the creation of the Trust was the product of undue influence and the Inter Vivos Trust had ripened into a testamentary disposition.
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