{"id":3770,"date":"2026-10-23T07:32:30","date_gmt":"2026-10-23T07:32:30","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/sue-someone-who-tricked-parent-changed-will-florida\/"},"modified":"2026-10-27T14:37:52","modified_gmt":"2026-10-27T14:37:52","slug":"sue-someone-who-tricked-parent-changed-will-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/sue-someone-who-tricked-parent-changed-will-florida\/","title":{"rendered":"Sue Someone Who Changed a Parent’s Will in Florida"},"content":{"rendered":"\n
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Probate Litigation | Coral Gables, Florida<\/p>

Think a Parent's Will Was Changed Improperly? Talk to a Florida Probate Litigation Attorney<\/h1>

Trust Counsel, PL focuses on probate and trust litigation for beneficiaries, heirs and fiduciaries in Florida. Learn how a will challenge works and what questions to ask before you act.<\/p>

Book a free strategy call<\/a><\/div>
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By Leslie V. Marenco \u00b7 Published October 23, 2026<\/p>\n\n

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Short answer: can you sue the person who influenced the change?<\/h2>\n

Families who have concerns about how a parent’s will was changed can discuss the facts of their situation with Leslie V. Marenco of Trust Counsel, PL in a free, confidential first consultation, with no obligation to continue. A claim against the person who interfered has its own proof requirements and time limits, and whether a particular claim is available depends on the facts.<\/p>\n

Leslie V. Marenco is the responsible lawyer for this page. Matters like this would be handled from the firm’s Coral Gables office.<\/p>\n\n

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If you believe someone steered a parent's will in their favor, you may have a claim worth reviewing, and our Coral Gables office can talk it through with you. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Two different routes: challenging the will and suing the person<\/h2>\n

A will contest asks the probate court to set aside the document. The question is whether the will itself is valid. The court looks at how the will was signed and what led to the signing.<\/p>\n

A claim against the individual asks for money. It targets the person who used wrongful means to change the plan. The defendant is a person, not the paper.<\/p>\n

They still turn on different questions. One asks whether the will stands. The other asks whether one person’s conduct caused the heir’s loss.<\/p>\n

Timing separates them too. A will contest cannot start while the parent is alive. Florida law says an action to contest a will “may not be commenced before the death<\/a> of the testator” under Fla. Stat. \u00a7 732.518<\/a>. The route you choose also affects who must be named and what you must prove.<\/p>\n

Undue influence and fraud in a will contest under Florida law<\/h2>\n

Florida law says a will is void if its signing was procured by fraud, duress, mistake, or undue influence (Fla. Stat. \u00a7 732.5165<\/a>). If only part of a will was procured that way, that part is void. The rest can survive if it is valid for other reasons. The same rule applies to a revocation.<\/p>\n

Undue influence, in plain terms, means someone’s pressure overpowered the parent’s own free choice. The parent signed what another person wanted, not what the parent wanted. Proof usually comes from the whole picture around the signing, not from a single moment.<\/p>\n

The contest runs through the probate court. The proponent, the person offering the will, must first prove it was formally signed and witnessed. After that, the contestant must prove the grounds for the challenge (Fla. Stat. \u00a7 733.107<\/a>).<\/p>\n

Florida also has a presumption of undue influence. The statute says it guards against abuse of fiduciary or confidential relationships. When the presumption applies, it shifts the burden of proof (Fla. Stat. \u00a7 733.107<\/a>). That shift can matter a great deal in a contest.<\/p>\n

A will contest asks the court to set the document aside. That is a different request from money damages against the person who did the influencing. Keep the two requests apart when you plan the case.<\/p>\n

Suing the person who interfered: a separate civil claim<\/h2>\n

A lawsuit against the person who interfered is a civil claim for money damages. Heirs sometimes call it interference with an expected inheritance. It is a separate case from the will contest.<\/p>\n

What the heir must prove turns on the facts and on Florida case law. The heart of the case is loss. The heir has to connect the interference to a real financial loss. A changed document alone does not show that loss.<\/p>\n

The facts about the other person’s role matter most. Courts will want to know what that person said, what they did, and how they took part in the change. Written messages, calendars, and witness accounts often answer those questions.<\/p>\n

Heirs should not assume this claim stays open indefinitely. The timing rules in the sections below apply to the different routes.<\/p>\n

Evidence that matters in these disputes<\/h2>\n

The most useful evidence shows a clear timeline and the people around the signing. Start by gathering the following:<\/p>\n