Florida trust lawyers will tell you that overturning or setting aside a Florida trust, is not as easy as most heirs at law ordis-inherited beneficiaries want you to believe. Likewise, what if you want hire a Florida probate litigation law firm to set aside a will? Is THAT easy? Well, if you are interested in awill contest, or you want to revoke a Florida probate, before you reach for your estate lawyers in Florida on speed dial, consider reading this November 6, 2015 Florida probate appeal case from Florida’s 2nd District Court of Appeal. The Estate of Murphy, Rocke v. American Research Bureau, has got it all, including a $12 Million Florida estate, a 107 year old deceased Florida millionaire, a series of wills, a number of potential heirs at law, and, of course, Florida probate lawyers. You can read this will contest Florida case here at this link for free:http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2006,%202015/2D14-4107.pdf. And while you estate beneficiaries may be interested in the facts, most Florida probate litigation attorneys and law firms will be interested in the doctrine of dependent relative revocation, an important Florida will contest and probate topic any there are multiple wills in a will challenge Florida case.
Is This Will Contest Case the Most Important of the Year for Florida Probate Lawyer?
- So, is this recent Florida probate appeals case the most important of the year to Florida estate lawyers?
- Well, it’s worth considering; here’s why.
- When a probate litigation law firm gets a call in Florida to contest a will from some heir or next of kin or dis-inherted beneficiary, the Estate Lawyer has to always ask herself or himself……..
- Were there other Florida wills?
- And if there were other wills which the Florida decedent had signed, do those Florida wills give you an inheritance?
- Now, from a Florida evidence standpoint, it’s important to point out that you actually need the original, ink signature “original-original” of those prior wills so they can be either filed with the clerk of the probate court (recording clerk for the Florida county where the estate is pending or where the resident died) or admitted into evidence (most likely filed with the clerk of the courts)
- If the last Florida will left you nothing, no inheritance, what if there was a prior Florida will, say, signed a year earlier which leaves you a $1 Million?
- Wouldn’t you want that prior will to be enforced?
- Well, the doctrine of dependent relative revocation can do that for you.
- IF you know how to “plead” it in your petition or counter petition filed by your Florida probate law firm
- And, while we are on the subject, what if the present or last will left you nothing and there were two prior wills, one signed 11 months ago while your rich aunt, for example, was in Hospice in Boca Raton and one signed 2 years ago, while she was in the Delray Beach Medical Center, both which left you zero inheritances. What do you do?
- Won’t the doctrine of dependent relative revocation revive those old wills, those prior wills, which still leave you with no inheritance?
- Considering reading this recent will contest Florida case before talking to Florida estate attorneys about your Florida will challenge.