In short: The DiStefani argument (Fla. 2d DCA, No. 2D13-5667) involves a mother’s trust amendments in 2003 and 2006 that removed a daughter. The daughter claimed her brother exerted undue influence; as described, the trial court agreed and awarded damages for tortious interference, and the brother appealed. We haven’t located a published decision.
Undue influence claims against trust amendments follow the same framework as wills, with a damages twist when an interference claim is added.
The Case as Argued
According to the oral argument, a mother amended her trust in 2003 and 2006, through her estate planning attorney, in ways that removed her daughter. The daughter challenged the amendments, alleging undue influence by her brother. As described in the recording, the trial court found undue influence and awarded damages on a tortious interference claim, and the brother appealed, arguing the evidence was insufficient and the findings improper. This channel also posted a second recording of the same argument, which is embedded in our undue influence guide.
Outcome: We have not located a published decision for this appeal. Many appeals end in an unpublished affirmance or a dismissal. Check the court’s online docket before relying on any result. The case facts below come from the oral argument, not from a court opinion.
The Law
- A trust or amendment is void to the extent its creation was procured by undue influence (§ 736.0406).
- The Carpenter presumption applies: when a substantial beneficiary in a confidential relationship was active in procuring the document, undue influence is presumed and the burden shifts (§ 733.107).
- Tortious interference with an expected inheritance can provide damages, but where a probate or trust remedy is adequate, that remedy generally must be pursued.
- A revocable trust can’t be contested until the settlor dies (§ 736.0207), and the time to contest can be cut to six months after the trustee sends a copy of the trust and the statutory notice (§ 736.0604).
Lessons
- Siblings who help a parent with legal documents are the most common defendants in these cases.
- The drafting attorney’s file and testimony are often decisive.
- Act within the trust contest deadlines.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. We have not located a published decision in this appeal, so treat the argument as illustration, not as the court’s ruling.
Florida Probate Process & Will Contest – Undue Influence Estate Case Explained
Go Deeper
- Undue Influence in Florida: How Courts Decide When a Will Was Procured by Someone Else
- Undue Influence Beyond the Will: Deeds, Lifetime Gifts, and Trust Changes in Florida
- How to Contest a Trust in Florida: Deathbed Amendments, Undue Influence, and the 6-Month Clock
Frequently Asked Questions
Can a trust amendment be set aside for undue influence in Florida?
Yes. Under § 736.0406 a trust or amendment procured by undue influence is void.
What is the Carpenter presumption?
A presumption of undue influence when a substantial beneficiary in a confidential relationship actively procured the document; it shifts the burden of proof.
Can I get damages for interference with my inheritance?
Florida recognizes the tort, but if a probate or trust contest provides an adequate remedy, that usually must be pursued first.
What was the outcome in the DiStefani appeal?
We have not located a published decision. Check the Second District docket for No. 2D13-5667.
Talk to a Florida trust and will contest lawyer
Weidner Law, P.A. handles Florida trust disputes and probate appeals from St. Petersburg. If you need a trust litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
