Why This Topic Matters to Me as a Florida Estate Planning Attorney.
As a seasoned estate planning attorney practicing in Florida, I found the recent Florida Bar Journal article, “Challenging Inter Vivos Transfers Procured by Undue Influence: Factors to Consider,” to be particularly compelling. It shines a light on an underexplored but critically important area of our legal landscape—the challenge of undue influence in lifetime (inter vivos) transfers.
While undue influence is a well-worn topic in the context of wills and probate, the complexity increases significantly when the questionable transfer occurs during the donor’s lifetime. These situations often fall into legal gray areas, lacking the statutory guidance or presumptive structures available in posthumous challenges.
What makes this issue so relevant to my practice—and to the families we serve—is the frequency with which we encounter suspicious transfers that leave heirs feeling blindsided, yet legally unsure of how to respond. The Florida Bar Journal article underscores how fact-intensive and nuanced these cases can be, while offering a thoughtful framework that attorneys can actually use to evaluate potential claims. For anyone focused on protecting aging clients or preserving family legacies, understanding these dynamics isn’t optional—it’s essential.
The Florida Bar Journal Vol. 82, No. 3 March 2008
Challenging Inter Vivos Transfers Procured by Undue Influence: Factors to Consider
Undue Influence in Florida: Can You Challenge a Lifetime Gift?
When a loved one suddenly gives away valuable property late in life—especially to someone unexpected—it raises serious questions. In Florida, those lifetime gifts (called inter vivos transfers) can be legally challenged if they were made under undue influence.
What Is an Inter Vivos Transfer?
An inter vivos transfer is a gift or asset transfer made during a person’s lifetime. These are different from gifts made in a will or trust after death. While they may appear voluntary, Florida courts recognize that some gifts can be the product of manipulation, coercion, or isolation, especially when the person making the gift is elderly or vulnerable.
Can You Challenge a Lifetime Gift in Florida?
Yes—but it’s more complex than challenging a will. Unlike probate cases, Florida courts don’t presume undue influence for lifetime gifts, even when suspicious circumstances are present. Instead, courts analyze a series of fact-based indicators to determine whether the transfer should be voided.
Legal Factors Considered in Florida Undue Influence Cases
Courts in Florida may look at the following questions when evaluating undue influence in lifetime gifts:
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Was the person isolated from family or friends?
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Did the recipient of the gift help facilitate the transaction?
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Was the donor in a weakened physical or mental state?
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Did the influencer have a confidential or fiduciary relationship with the donor?
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Were trusted advisors, like attorneys or doctors, excluded from the process?
There is no single “yes or no” test. The court considers the totality of the circumstances, including the timing, intent, and outcome of the gift.
Common Scenarios That May Involve Undue Influence
At Van Eden Law, we often see cases involving:
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A caregiver or new friend receiving significant property from an elderly client
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Changes to real estate titles, bank accounts, or beneficiary designations
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Gifting behavior shortly after the onset of dementia or serious illness
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Loved ones being cut off or surprised by major asset transfers
If you suspect a lifetime transfer was made unfairly or under pressure, it’s essential to act quickly and consult an experienced Florida estate litigation attorney.
Why Patrick J. Lannon’s Analysis Stands Out
Patrick J. Lannon brings a level of clarity and authority to this topic that few can match. As of counsel at Goldman Felcoski & Stone, P.A., and a board-certified specialist in wills, trusts, and estates, his depth of experience is unmistakable. He doesn’t just describe the problem—he dissects it with precision, organizing the analysis around concrete factors that practitioners can immediately put to use.
Lannon’s Harvard Law pedigree and dual bar admission in Florida and New York add weight to his insights, but it’s his practical fluency in multigenerational planning, charitable giving, and tax-sensitive transfers that truly shines through in this piece. He bridges the gap between theory and real-world application, offering readers a clear understanding of how courts might approach these cases and where the legal arguments are likely to succeed or fall short.
In a field where the facts can be murky and the law unsettled, Lannon’s article provides a roadmap—and a reminder of just how important it is to document intent, avoid isolation, and take proactive steps in planning. We’re grateful for his contribution to the Real Property, Probate and Trust Law Section and commend the editors, Melissa Murphy, William P. Sklar, and Richard R. Gans, for sharing this with the broader legal community.
