With so many competing claims, the case is likely headed for a protected and messy contested probate amid an ongoing federal investigation into the activities of Epstein and purported co-conspirators. It will be imperative for each of those staking a claim to work with a civil injury lawyer who has extensive experience with probate litigation, as The Ansara Law Firm does.

Although the Epstein case is unfolding on a stunning scale, it is not so uncommon for probate litigation cases to involve decedents who had been embroiled in legal trouble. That’s often a big part of what leads their estate to probate in the first place.more

The question is generally who gets to seize a bigger slice of the pie. In the Epstein case, it’s a very long line – with a pie likely to be sliced many times. Complicating matters is that Epstein reportedly went to great lengths to hide assets. Untangling that could take extensive time and financial detective work.

Representatives of several high-profile, wealthy individuals, speaking on the condition of anonymity to The Washington Post, revealed Epstein had solicited their business, offering to move their accounts offshore to shelter them from U.S. taxes. This would indicate Epstein was aware of how to move large assets around undetected or where the laws are very averse to creditors. There is little reason to think he wouldn’t have done the same with his own considerable wealth.

Complications With Dispersing Epstein’s Estate

Numerous civil claims asserting wrongdoing by Epstein have been filed, withdrawn, refiled and settled. Some are still pending. More are planned. Yet most of his victims are likely to have to wait for the U.S. government to get its take first. The IRS is expected to audit the estate, which isn’t a fast process – especially considering the twists and turns of Epstein’s financial records. As a Fort Lauderdale probate lawyer can explain, only what is left behind from the IRS will be available for division among claimants.

The executive of the estate is likely to be Epstein’s younger brother, a real estate investor believed to be his only living relative. The brother reportedly sought to put up his own home to help his brother make bail when he was arrested in July. However, the judge decided to hold Epstein without bail, deeming him a flight risk ahead of a trial that was to take place next year.

Epstein signed a will just two days before his death that could further complicate these claims. That will reportedly indicates that his estate is to be placed in a private trust, presumably to make it tougher for accusers to seize his assets. Although it’s unlikely to work, it could result in a protracted legal battle.

Call Fort Lauderdale Probate Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

What Jeffrey Epstein’s Last-Minute Will Means for Accusers Trying to Recover Money From His Estate, Aug. 20, 2019, TIME Magazine

Occasionally our Fort Lauderdale probate attorneys are queried about a the prudence of early inheritance, also referred to as pre-death transfers and gifts prior to death. The short answer is: It really depends, but it can be very risky.

There are a number of factors to consider when weighing early inheritance as an option. Let’s say we’re talking about transfer of your Florida home. The reason we’ve heard most commonly cited for sharing or transferring the deed of a Florida residence to children or grandchildren before death is that heirs are then spared cumbersome estate taxes and potentially draining probate litigation. Perhaps, the homeowner thinks, they can safely bypass Florida estate planning altogether with this option. However, early inheritances really should be avoided least until you’ve discussed it at-length privately with your own estate planning attorney. Get a second opinion if you still aren’t convinced. Because while savings for an heir could prove worth it, the elderly benefactor may be taking a major risk. Sometimes, even the most loyal, honest heirs can end up making a mess of things, even unintentionally.

Plus, transfers of large assets made before death can come under intense scrutiny just like those that occur at the time of death, landing the estate in probate anyway, incurring costs that might just as easily have been avoided.

Lady Bird Deeds in Florida

One of the most popular pre-death transfers is known as a “Lady Bird” deed. Sometimes called enhanced life estate deeds (it is one type), it’s a relatively new deed option recognized only in a few states. Although allowed, it’s not outlined clearly in Florida statutes. Your Fort Lauderdale probate or estate planning attorney can explain though that a Lady Bird deed allows the current owner retained control of the property until his or her death (including reservation of right to go back on the agreement). Then upon death, the property automatically transfers to the new owner without probate. It also allows retention of your homestead exemption and can ultimately save on taxes and legal fees, sometimes accomplishing generally the same effect as a living trust, but at a lower cost.

Sounds great, right? In some cases, they can be – especially as a form of asset protection if you need to apply for Medicaid. Just know upfront, though, that they are sometimes successfully challenged under provisions of Florida’s descent of homestead provision, F.S. 732.401, where the original owner has a surviving spouse. In that case, the spouse inherits the life estate in the property and lineal descendants receive a portion of the remaining interest.

Other times, Lady Bird deeds run aground when title companies refuse insure them because they’re written for the benefit one adult child to the exclusion of others, risking the odds the deed will be challenged and deemed invalid.

Special language is required, and you will absolutely want to have it reviewed by an estate lawyer to ensure it’s both in your best interest and valid.

Joint Ownership as Tenants-in-Common

Tenancy-in-common is a type of ownership wherein two people share joint interest in a real estate property. A joint tenancy with right of survivorship results in the joint survivor obtaining 100 percent of the asset upon the other’s death. A lot of aging Florida homeowners have done this, but not always with the best outcomes.

Fort Lauderdale probate attorneys can explain there are two big problems with this plan. The first is if one of the owners has any kind of debt that results in a lien against their interest in that property, the creditor can force the sale of the entire property to satisfy that lien – even if the debt-free owner wasn’t responsible. Let’s say you arrange this with your adult son, and it goes fine for years, but then he’s in a crash or is sued for some type of malpractice and doesn’t have insurance. Or he falls behind on federal student loans. You could both lose the house. This is an early inheritance risk to your financial future when you can least afford it. Not only is your son deprived of an inheritance, you lose your home (with the creditor then becoming the new “tenant in common”).

Another risk is a joint owner can transfer his or her interest without approval from the other, but can also stand in the way of a potentially good sale by refusing to transfer their share.

A Fort Lauderdale probate attorney may be able to help you negotiate a resolution in that case, but it’s always better if these contingencies are planned for in advance.

Call Fort Lauderdale Probate Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Florida Medicaid cannot recover mom’s home if kept out of probate, Dec. 22, 2016, Palm Beach Post

More Blog Entries:

New to Sunshine State? Have a Palm Beach Probate Lawyer Review Your Estate Plans, Dec. 28, 2018, Fort Lauderdale Probate Litigation Attorney Blog

Many people understand the importance of updating their will and other estate planning documents when important life events occur, such as when there is a marriage, birth, death or major falling out or formation of new romantic ties. Wills can be updated and recipients of certain assets can be modified. That’s why it’s not unheard of to have two or more versions of the same will. The problem with having numerous wills is that it can ultimately result in the assets of the testator (creator of the will) not being distributed according to his or her desires. A Fort Lauderdale probate lawyer can explain in more detail, but generally, the courts will seize on the most recent version of the will. Ideally, all copies of the previous version of the will would be destroyed and the updated version should distributed to all concerned so there is no confusion. Of course, real life is rarely so tidy, and Florida will contests are fairly common.

These were the facts of the case in a matter before Florida’s 4th District Court of Appeal, though the exact issue before the court was whether a plaintiff’s claim should be dismissed for a technical defect. (This is another reason you should have a Fort Lauderdale probate lawyer on board – to ensure you don’t miss any key filing deadlines and that all claims are properly pleaded.)more Plaintiff’s Florida Probate Lawyer Secures Right to Have Case Heard

In the case of Winslow v. Deck, the live-in partner of a man who died in 2015 sought to have a more recent version of his will (drafted in 2014) recognized, while his daughter wanted the probate court to establish that her version, drafted in 1991, was the one that held the greater legal weight.

According to court records, the testator left his entire estate to his two adult children in the earlier version of the will. Several years after that, however, he befriended a woman and they soon began living together. After this, he drafted a second will that contained language indicating all prior wills were revoked and leaving his entire estate to her.

Shortly after decedent died, his daughter was successful in petitioning the probate court to admit the first will and also to name her as personal representative of his estate. A few weeks later, however, decedent’s surviving partner filed the second will. A couple days after that, she filed several more documents, including an emergency petition to revoke letters of administration, a counterpetition for administration with the second will attached, an objection to the daughter’s petition and her appointment as personal representative of decedent’s estate and a declaration that this was an adversary probate proceeding. (Within adversary probate proceedings, Florida Rules of Civil Procedure apply, and the case proceeds essentially as if this was a civil lawsuit, meaning parties can conduct discovery, make requests for production of derogatories, interrogatories and depositions. Rule 5.025(a) spells out the details of when the court can find a probate proceeding adversarial.)

The probate court denied the emergency petition and dismissed it without prejudice, recognizing instead the administration of the first will.

More than a year passed, and the daughter moved to dismiss the counterpetition with prejudice, arguing the partner lacked standing to contest the first will. She pointed out that the partner had three months from the date of notice that the first will was being recognized to take action, and while she did file an emergency petition, she failed to file any paperwork asking the court to revoke the first will. The partner asked the court to either deny her motion to dismiss or else grant her leave to amend.

The court dismissed the counterpetition with prejudice (meaning she couldn’t file it again) and issued a final order, finding she had failed to meet the statutory requirements as set forth in F.S. 733.212(3) to adequately request relief. On appeal, the 4th DCA reversed, concluding courts as a general rule shouldn’t prevent a petitioner from challenging a will just because of a technical flaw without offering a reasonable opportunity to fix it. The court held that while neither of counterpetitioner’s filings were “models of clarity,” they were nevertheless sufficient to assert that that the first will wasn’t the last or valid will and that the estate should have an independent executor.

If you run into a situation where there is a dispute among family or loved ones regarding two or more wills left by a decedent, a probate lawyer should be contacted for help with these proceedings. Initial consultations are free.

Call Fort Lauderdale Probate Lawyer Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Winslow v. Deck, Aug. 2, 2017, Fla. 4th DCA

More Blog Entries:

Florida Probate Lawyer: How Much Time Do I Have to File a Will Contest?, Oct. 30, 2018, Fort Lauderdale Probate Lawyer Blog

Although sometimes there is little expectation of an inheritance due to long-term erosion of the relationship, for many adult children and grandchildren, the news can come as something of a shock. The decision of whether to take action is a difficult one and will probably depend at least partially on what the odds are you’ll be successful in obtaining an equal share or at least a fairly-negotiated settlement with the named heirs.

There are a number of ways you may be able to challenge if you are left out of a will, all of which are time-sensitive so getting a probate lawyer involved as soon as possible is an imperative.more

These sort of cases aren’t especially unique, and occasionally one makes headlines due to one or two high-profile litigants. We say that recently with the estate of the late TV host and country singer Glen Campbell in Nashville, Tennessee. Campbell is best known for hits, “Rinestone Cowboy” and “Southern Nights.” Born the seventh of 12 children to a sharecropper in Arkansas, he was married four times and had eight children when he died at 81 of Alzheimer’s disease in August 2017. His estate was initially estimated to be valued at $50 million, but the court-appointed administrator recently released a far lower estimate to The Tennessean: little more than $400,000. That reportedly excludes future income rights from royalties, which are still pending an appraisal.

Previously, the local newspaper reported Campbell’s 13-page will drafted in 2006 (five years before he was diagnosed with Alzheimer’s disease) specifically excludes three of his eight children. His five other children were named as beneficiaries. The battle over the estate actually began when Campbell was placed in a conservatorship. After his death, his wife was named as executor of his estate, and the three excluded children (from his second wife) have since served notice that they will be contesting the will. (The will also prohibits any distribution to the singer’s two surviving siblings, though they have not filed any paperwork to contest.)

Court records show a subpoena was issued to the singer’s former publicist, seeking testimony as to Campbell’s competence when he signed the will. This is a challenge sometimes referred to as “capacity.” The publicist has been asked to submit all communications with or about Campbell and/ or his agent dating back to 2002.

If you are excluded from a will in Florida, a probate lawyer may be able to help you challenge that exclusion if there is clear and convincing evidence that:

• The will was invalid;
• The claimant was accidentally disinherited.

Most wills are generally presumed to be valid so long as they are verified, so claimants contesting it will need to overcome the presumption that the omission was not accidental and wasn’t drafted under duress, fraud or lack of mental capacity.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Court record: Glen Campbell specifically excludes 3 of 8 children from will, Nov. 30, 2017, By Walter F. Roche Jr., The Tennessean

More Blog Entries:

Family Conflicts Are Top Threat to Your Inheritance, Estate Planning Key,May 14, 2018, Fort Lauderdale Probate Lawyer