Undue Influence Ruling Upheld
Patty Carlman successfully challenged her father’s will in a Florida probate court, alleging that her father’s surviving spouse, Demetra Blinn, asserted undue influence in having his will changed to leave all assets to Demetra. Demetra married Richard Blinn when he was 82 years old and suffering from dementia. Evidence was heard regarding Demetra giving the drafting lawyer for the new will proof of Richard’s sound mental state that was nine-months old, and taking steps to isolate Richard from his family. Demetra appealed the probate court’s ruling.
In Blinn v. Carlman, a Florida appeals court found that there was “substantial competent evidence” of undue influence relied on by the probate court and affirmed the invalidation of the will.
See Anya Van Veen, Florida Will Overturned On Finding of Undue Influence By Surviving Spouse, Clark Skatoff, March 19th, 2015