Articles Posted in Probate Litigation

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Probate courts in Florida have substantial amount of discretion when it comes to the decision of whether to re-open an estate that was previously closed. In most cases, a probate estate is reopened when new assets are discovered that weren’t discovered at the time the original estate was administered.probate attorney

There is a provision of Florida law, F.S. 733.903, that expressly allows this process, called “subsequent administration.” It states that a “final settlement” of and estate and the discharge of the personal representative does not prevent further administration of the estate. However, the law also states that an order of discharge won’t be revoked on the basis of a newly discovered will or later will.

However, if such action is going to be taken, it’s very important to consult with an experienced Fort Lauderdale probate attorney. Continue reading

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A South Florida attorney has filed three lawsuits in Palm Beach County against his siblings – one trust, one probate and one tort – and another in Broward Circuit Court – alleging his siblings committed fraud in influencing their elderly mother to alter her previous estate plan and give them millions of dollars in gifts over the course of her life. In addition to his siblings, he named a brokerage firm (which had frozen all accounts from the estate), as it held accounts for both the family-owned real estate companies and his siblings. undue influence probate

The siblings’ father reportedly left behind a real estate of fortune of more than $100 million. By coercing their mother, plaintiff alleges, the siblings engaged in something called undue influence.

Undue influence happens when someone close to the person who has or is making a will manipulates or pressures that person to alter that will in some legally significant way. We see a lot of examples of undue influence in cases against caretakers, close family members, nurses, agents – even attorneys. These cases often are tough to build because we must show whether the alterations or transfers were consistent with the person’s previous statements of intent (verbal or written). The court will want to see whether the person who wrote the will (the testator) truly intended to make those chances that unfairly impacted the plaintiff. It would be their right to do so, and it’s still important to note that even if there is some evidence showing the person was susceptible to undue influence, we still need to show the actions were not the true intention or free will of the testator.  Continue reading

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Some people consider estate taxes enemy No. 1 when it comes to their inheritance. However, what’s much more likely to become problematic is family conflict. These aren’t necessarily new issues, but they are becoming more prevalent as increasingly more American families are blended, life expectancy has stretched and baby boomers are aging into their golden years.probate litigation attorney

A recent poll by TD Wealth revealed 44 percent of attorneys, accountants and trust officers in Florida indicated family conflicts were the biggest snag when it comes to estate planning. Part of the problem is people have unrealistic expectations. While most expect to inherit more than $100,000, Ameriprise Financial reports most people receive less than that. Almost 7 in 10 of those expecting an inheritence were never told how much they should expect, which led to substantial confusion and conflict.

Another issue is people increasingly have multiple ex-spouses, one or both my have children from prior unions and one spouse may be much younger than the other. These are fact patterns we know have the potential to lead to trouble. Such is the case in probate litigation conflict in Indiana that the state supreme court in Indiana has just agreed to consider. In Gittings v. Deal, an adult woman claims she was removed from her father’s estate by her stepmother, and subsequently her stepbrother raked in more than $3 million in profits on property she claims they should have shared.  Continue reading

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If you are estranged from a parent and he or she does, can you expect an inheritance? The answer is: Not automatically. probate litigation attorney

Just because one is the biological child of a decedent does not necessarily in and of itself entitle that child rights to stake a claim on their mother or father’s estate.

No one is under any legal option to leave adult children – or anyone else – anything from their estate. Minor children are handled differently under the law, as the state recognizes they are entitled to a certain degree of support that might otherwise have been given had the decedent lived. But there is no guarantee of the same kind of expectation for children over the age of 18.

This is where an experienced probate litigation attorney should be called in, to examine whether there was a will or trust and if so, what the language of that document indicates. If these documents exist but there is no specific mention of a child – estranged or otherwise – or indication the parent intended to leave that person out of the will, that child may have the basis to pursue probate litigation to plausibly assert the conceivable allegation that the parent simply “forgot” about them.  Continue reading

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There are copious amounts of information available online about do-it-yourself estate planning. But just because you can doesn’t mean you should, the same way it’s always a bad idea to represent yourself in court – even if you’re an attorney. This is not a leaky shower repair you may be able to amble your way through – this is your financial future, and the best means you have of keeping yourself and your loved ones out of probate litigation. probate litigation attorney

Although reason it’s better to have something than nothing at all (64 percent of Americans don’t have a will – 55 percent of those being parents), the fact is if you are not experienced in handling these types of complex legal matters and anticipating certain contingencies, you may end up creating even more of a mess. Far too many people underestimate the complexity of their estate. It goes beyond simply divvying up the contents of a bank account. Everything – from identifying an executor or trustee to updating your beneficiary lists to gifting money to minors – all of these things require careful consideration.

Drafting your estate plan should come only after a well-thought-out estate and financial plan. If all you do is “fill-in-the-blanks,” that is not reflective of such a process. Further, one size does not fit all, and you also need to be sure that the document you have completed meets all the requirements for what is valid in your state. For instance, F.S. 732.502 requires two witnesses to properly execute a will in Florida, while Pennsylvania requires three. Further, these witnesses must sign in the presence of the testator and each other, which generally requires a self-proving affidavit. Usually, it’s the drafting attorney who signs these affidavits in your presence, but if you do-it-yourself on the internet, you won’t have this option. Continue reading

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The Pew Research Center reported last year that a record 61 million Americans live in multi-generational households. That’s nearly one-fifth of the population. This means finances of aging parents, grandparents and adult children and grandchildren are sometimes intertwined. This does not necessarily mean that upon a loved one’s passing that debts will automatically be transferred to relatives, even those you live with. However, probate litigation attorneys in Fort Lauderdale recognize many people don’t fully understand the debts for which they may be responsible, and which they are not.probate litigation

In general, no person is responsible for the debts of another while the debtor is alive – or dead. There are exceptions to this, though. For instance, spouses are often held accountable for each other’s medical debts in life. Relatives who co-sign or are also listed on loans may be responsible – that goes for student loans, car payments, mortgages, credit cards, etc. In death, a debtor’s outstanding obligations typically become the responsibility of “the estate.” The estate consists of all property, savings and debts. The process is much easier if there is a living trust in place, but if not, probate is the process of sorting through how those debts will be paid off and how property will be transferred to living beneficiaries.

To protect their inheritance, family members may need to start dealing with debts before probate has officially opened. That means keeping current on those administrative bills (i.e., mortgage, HOA fees, property taxes, utility bills, storage fees, etc.) until the probate estate is opened, and sometimes until the estate closes. Then there are the “final bills,” which can include income taxes, cell phones bills, credit card bills and retirement accounts. Beneficiaries of an estate probably should not pay out these final bills until the personal estate representative/ executor has settled the estate. A probate litigation attorney can help you sort through the details and determine the best way to protect your inheritance while still ensuring the estate meets its obligations. Continue reading

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Altering a will to disinherit a family member is within anyone’s right, though it can lead to conflict. Probate litigation attorneys in South Florida at The Ansara Law Firm know there are ways to minimize the potential for warring family interests or a contested will after your death. contesting a will

Because contesting a will in Florida can be successful under a number of circumstances, ensuring your wishes will be followed as you have outlined requires working closely with a probate lawyer in drafting these changes.

Recently, the passing of a popular South Florida sports broadcaster sparked a fierce – and sadly public – feud between his adult children and his wife/ mother of his two youngest children, both minors. According to The News-Press in Fort Myers, the broadcaster wrote his oldest son and daughters from his first marriage out of his will in June 2015 – the day after receiving a stem cell transplant from his oldest son. He died about 1.5 years later, though his oldest didn’t learn of the change in his will until this past December, when his stepmother asked them to sign formal documents promising not to contest the will.  Continue reading

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Any experienced probate litigation lawyer in South Florida is familiar with the stereotypical “evil stepmother” trope. It’s not necessarily that there may not be truth to it in some families, but it more often than not really comes down to the fact that in so many probate, estate and trust cases, the interests of the surviving spouse (more likely to be the stepmother) so often conflict with those of adult stepchildren. It’s fair to say that a significant portion – bordering on half – of contested wills, trust contests, life estate challenges, elder financial abuse allegations, deed revocations – involve some type of conflict between adult stepchildren and stepmothers.probate litigation

This is certainly not to say that stepmothers are “evil” in all or even most of these scenarios. What it does highlight is the fact that so many conflicts in matters of estate involve this dynamic and it’s indicative of the fact that an increasing number of families are blended and this inevitably can create long-simmering tension that can spill over into disputes over estate property, beneficiary rights to a trust or an inheritance.

The Pew Research Center reported just a couple years ago that in 1960, 73 percent of children were living in two-parent family households. By 2014, that figure dropped to 46 percent. The number of single-parent households rose from 9 percent to 26 percent during that time. Sixteen percent of children live in so-called “blended families,” with a stepparent, step-sibling or half-sibling. And of course, these figures reflect family structures in childhood; those single parents often go on to get married as the children get older or reach adulthood. There is also an increasing trend toward cohabitation among elderly paramours, which might further complicate matters legally. Continue reading

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An arbitration panel has awarded more than $34 million to the estate of the co-founder of the Home Shopping Network, finding that bank Morgan Stanley, along with its broker and branch manager, engaged in unauthorized trading, breach of fiduciary duty/ constructive fraud, negligence, negligent supervision and unjust enrichment. Arbitrators additionally concluded the bank violated Florida law against exploitation of vulnerable adults. elderlyman

These damages involve actions over a three-year period from 2009 to 2012, and involve investments in banking and financial services. At the time, the decedent was alive, but suffering from severe dementia, of which he died in 2012, according to InvestmentNews.com. The bank insists there was evidence the accounts were profitable and were managed in accordance with their client’s wishes, a view clearly not shared by arbitrators. Decedent’s widow stated her primary hope was that the case would spur greater protections for elderly investors.

Good probate litigation attorneys in Fort Lauderdale know that so often, we don’t recognize an elderly loved one is being financially exploited until after the individual dies. Although the aforementioned case is unique in terms of the scope of the exploitation, the circumstances themselves aren’t all that rare, and we’re likely to see quite a bit more cases in the coming years, as the American population ages. Continue reading

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The AARP reports that roughly 60 percent of American adults lack proper estate planning, with only 4 in 10 having a will or living trust. This isn’t shocking news, but it is concerning, considering that settling an estate with no will in Florida is often a challenging endeavor. Although older adults tend to have a better handle on these records (which makes some sense, given that as we age, we face the reality that estate planning is important), it’s wrong for younger generations to assume it isn’t necessary, even if they aren’t wealthy. A will stipulates things like what will happen to your small children if you and your spouse die, who can make financial and health care decisions for you in the event you’re incapacitated. probate litigation attorney

The term “intestate succession” refers to the distribution of one’s estate when one dies absent a valid will. The process varies from state-to-state, but generally follows that one’s surviving spouse and other heirs will receive decedent’s possessions in order of descent.

Florida’s intestate succession laws are outlined in F.S. Chapter 732. It should be noted that state laws can frequently change, so it’s important to discuss your options with a probate litigation lawyer if you have concerns about your rights and obligations.  Continue reading

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