A very recent probate litigation case in California went to the appeals court. This probate lawsuit involved a challenge to a mother’s will based upon fraud, forgery and undue influence. This estate lawsuit involved $4.2 Million and 5 children who were dis-inherited.
- Daughter Toni challenged the validity of her mom’s last will and testament
- Daughter Toni argued that the 2002 will was a forgery or that
- The will was obtained by the undue influence and fraud by her sister Debbie
- Mom’s will disinherited five of six adult children— except for Debbie
ESTATE LAWSUIT: FIGHTING OVER $4.2 MILLION
- Mom died on June 18, 2003
- Her estate had an interest in a $4.2 million personal injury judgment
- Daughter Debbie died in September 2004
- A probate was not opened for the will
DAUGHTER OPENS MOM’S ESTATE IN 2005
In 2005, Toni files a probate lawsuit, trying to open up the estate, conduct a probate and have the will invalidated: what some in Palm Beach Probate Litigation circles call a “challenge to the will” or a “will contest” or simply a “will challenge.”
Daughter Toni wanted mom’s $4 Million estate to “go” to the heirs —the intestate heirs, who were the children.
6 DAY 2010 PROBATE TRIAL ON FORGERY, UNDUE INFLUENCE AND FRAUD: DAUGHTER TRIES TO GET PROBATE COURT TO INVALIDATE MOM’S WILL
Toni (the daughter) lost at trial. Her estate lawsuit, her probate lawsuit, challenging the will, did not prevail. She lost the will challenge lawsuit. The will was admitted to probate. That means that all but one child was dis-inherited.
DAUGHTER APPEALS: WANTED PROBATE COURT TO CONSIDER VIDEOTAPE
- Daughter Toni appealed the probate court’s ruling that the will was valid
- She appealed the decision that she did not prove fraud, forgery or undue influence in the estate litigation.
- Daughter Toni wanted the probate court to consider videotapes of her mother which showed mom’s physical and mental pain from the personal injury accident
- More striking, perhaps: she wanted the probate lawsuit to include evidence of testimony from mom’s friend: who testified in a deposition that mom wanted to share the $ 4 Million among her children. Now that’s what Palm Beach estate lawyers would call good testimony.
APPEALS COURT AFFIRMS -WILL IS VALID; NO UNDUE INFLUENCE OR FRAUD–NO FORGERY OF WILL
The appeals court upheld the will: no undue influence. The appeals court stated that the evidence which the daughter wanted the trial court to consider had been demonstrated by other witnesses or evidence.
But perhaps the most important testimony came from the estate lawyer who wrote mom’s will:
- the estate lawyer met with mom without Debbie present
- mom understood the will
- mom had reasons to disinherit her other children
- mom wanted to keep those reasons to disinherit the other children private