It all comes out in the end, doesn’t it? In this August 11, 2015 probate lawsuit out of Washington state, three sisters objected to the will of their mother. Yes, that’s right: 3 sisters sued 1 sister over the will of their mother, Anita Tuttle. Anyone involved in a will contest Palm Beach or objection to the will in Florida probate may want to read this case of : the Estate of Anita D. Tuttle; Anderson v. Hicklin, where three sisters sued their other sister who was the personal representative of their mother’s estate. Just how did three sisters come to object to the will of their mother and sue their sister? Well………………
How do I object to the will to get an inheritance?
- This will contest lawsuit was in the Court of Appeals of the State of Washington, Division II, No. 45917-5-II
- Mother signed a last will in December 2009
- She died in April of 2013
- Mother had daughter Hicklin as the personal representative of her probate estate, what some call the executor of the will
- The probate was filed or opened in May of 2013 and Hicklin was appointed as the personal representative of her mother’s estate
- In Palm Beach probates, we sometimes refer to opening a Florida estate as filing apetition for administration for a Florida estate, or giving Notice of Administration of the probate Florida
- Then the estate lawsuit or the probate litigation began
Disinherited Sisters Sue Other Sister and Object to Will
- 4 months later, the 3 sisters sue by filing a will contest case
- Why did the three sisters sue their other sister in their mom’s probate estate case?
- The 3 sisters were disinherited by mom under her last will and testament
- The dis-inherited sisters wanted to overturn the last will which cut them out of an inheritance
- The 3 sisters appeared pro se, which means without a probate litigation law firm
- How in the world do you win an estate lawsuit trial without estate trial lawyers?
- The executor of the estate, the Personal Representative of the probate, named a number of defenses and affirmative defenses to her sisters’ petition to revoke probateor overturn the will
- The personal representative raised defenses to the will contest case by arguing that service of process was not proper and that jurisdiction was not proper
How do I defend a Will Contest Case if I am the Florida Personal Representative?
- These may sound like technical, or super technical, terms but ask any probate litigation law firm West Palm Beach and they will tell you that Florida rules of procedure andevidence, and especially affirmative defenses are important parts of defending an estate
- How do you defend the personal representative of a Palm Beach probate who has just been sued in a will contest case?
- Many probate lawyers Boca Raton suggest going on the offense
- Executors of wills in Florida, or personal representatives in Palm Beach, can file motions to dismiss when an attack on the will is filed
- But what’s the best way to defend a will contest Palm Beach?
- Well, at the end of the day, isn’t it all very fact specific? And once you get over all themotions, and hearings in probate court Delray Beach, doesn’t it all get down to thebasic laws of wills in Florida and undue influence and lack of mental capacity?
- After all, isn’t it everyone’s right in Florida to leave your probate to whoever you want, and this includes the right in Florida to dis-inherit your kids?
- Isn’t it true that in Florida, only widows have special rights to an inheritance, and a Palm Beach probate, as long as there is no prenup, postnup or waiver of inheritance rights?
- And as long as you die with a will, isn’t it true that your heirs or adult children don’t have an entitlement to an inheritance in Florida?
- So, to get this straight, can’t a mother in Florida favor one daughter over other adult children when it comes to estate rights, inheritances Florida and Palm Beach probates?
- To see what these sisters did in the will contest estate lawsuit, you can click on this link and read the entire opinion: http://www.courts.wa.gov/opinions/pdf/D2%2045917-5-II%20Unpublished%20Opinion.pdf