
This page summarizes results from litigated probate and trust disputes over the years. While the results listed below are very positive, realize that I don't win every case, and not every dispute involves issues where the law provides a remedy (what does that mean?).
What I mean when I say not every case provides a remedy is "that isn't fair" is not a legal cause of action. Sometimes mom or dad changes a will or trust and did not tell you about it because they did not want to look you in the face and tell you what they did. Other times one element of a case cannot be proved. For example, for a presumption of undue influence in Florida, you must demonstrate that (1) there was a confidential relationship between the victim and the alleged undue influencer, and (2) you must show that the alleged undue influencer "procured" the document you claim was is invalid. There are about five different cases that deal with "procurement." If you cannot prove procurement you cannot get a presumption of undue influence and you are likely to lose your case. However, as demonstrated below, these clients were very happy that they chose to use the courts to redress their grievances.
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Matthew A. Linde, P.A.
12693 New Brittany Blvd.
Fort Myers, FL 33907
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In a will contest, will challenge, will dispute or lawsuit to set aside a will because the will was procured by undue influence, how do the courts interpret the term "active procurement?"
Are there any limitations that govern when I can attempt to remove a personal representative?