probate litigation lawyer

September 30, 2019

Ask a Florida Probate Attorney: When Caregivers Marry Dependent Elders

With baby boomers increasingly aging into their golden years, issues of elder financial exploitation are being paid more attention. Many schemes involve caregivers who take advantage of elder dependents. One means of this that has recently come to light are marriage scams. This involves caregivers or others marrying older dependents for the sole purpose of obtaining power over their finances. probate lawyer marriage scam

These cases can be tough to prove, but some are occasionally successful. Perhaps the most infamous of these cases was that of Marshall v. Marshall, a U.S. Supreme Court case that involved the estate of an elderly billionaire, of which his son was executor, and his much younger wife, former Playboy Playmate Anna Nicole Smith.

It was difficult not to see the fact pattern in that case and jump to the conclusion that Smith had married the 89-year-old oil tycoon for his riches. But state law gives spouses broad legal powers over one’s estate and assets after they die. Proving that they shouldn’t receive it can be difficult, though not impossible. Continue reading

July 25, 2018

Proving Undue Influence When Contesting a Florida Will

By Ansara Law Personal Injury Attorneys

It is an unfortunate reality that some people have no qualms using undue influence for the purpose of obtaining “gifts” from an individual who is elderly, ill or weak. Our Florida probate attorneys have seen these cases arise most frequently in cases involving nursing home residents, elderly parents or ailing grandparents. Those who allege “undue influence” (which is a specific charge in probate litigation) are usually surviving loved ones doing so with the intention of challenging the validity of a lost loved one’s will, trust or inter vivos transfer (transfer of property made during one’s lifetime).

Proving undue influence is not a simple matter or low bar. One has to prove that the victim’s mind was “so controlled or affected by persuasion or pressure, artful or fraudulent contrivances or by the insidious influences of persons in close confidential relations” that he or she isn’t knowingly or voluntarily acting of their own accord, but instead carrying out the will of someone else. This was outlined in the precedential 1925 Florida Supreme Court case of Peacock v. Dubois.

In most cases, it is the plaintiff asserting undue influence who typically has the burden of poof. Prior to 1971, the burden of proof in these cases was reached with enough evidence to raise the undue influence presumption, at which point the proof burden shifted to the defendant, who then had to prove it didn’t occur. Then there was the key Florida Supreme Court case of Carpenter v. Carpenter, justices ruled that even the establishment of an undue influence presumption didn’t shift the proof burden to the defendant, at least as it pertained to will contests. About a decade later, the court decided the same rule in cases alleging inter vivos transfers. Continue reading

May 14, 2018

Family Conflicts Are Top Threat to Your Inheritance, Estate Planning Key

By Ansara Law Personal Injury Attorneys

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

March 24, 2018

Broadcaster Excludes Adult Children From Will, Leading to Ugly Public Spat

By Ansara Law Personal Injury Attorneys

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

January 25, 2018

Settling an Estate With No Will in Florida: Intestate Succession

By Ansara Law Personal Injury Attorneys

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.

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