90 YEAR OLD AMENDS TRUST: NEPHEW & DIS-INHERITED BENEFICIARIES SUE IN CALIF TRUST LAWSUIT —- TRUST LITIGATION BASED ON UNDUE INFLUENCE & ELDER ABUSE & LACK OF CAPACITY

Uncategorized • Feb 27, 2014

In 2006, Julia , a 90-year-old widow, created a Revocable Living Trust
On July 20, 2009, she amended her Revocable Living Trust
Julia changed the successor trustee
She also changed the beneficiaries from three of her nieces and three charities to her nephew Stephen as the sole beneficiary
Julie passed away in March 2010.

NEPHEW & CHARITIES SUE OVER 2009 TRUST AMENDMENT

The nephew was USED TO BE appointed to run the estate, and was replaced in the trust amendment by his brother, sued. The 3 charities who had been cut out by the trust amendment also joined. What did they argue in their probate lawsuit or trust lawsuit?

Julia lacked testamentary capacity to make the changes to her trust
Nephew Stephen and his wife Carole had both unduly influenced her and committed elder abuse

MULTI DAY PROBATE LAWSUIT TRIAL

Those who challenged the trust lost . The trust contest failed. Why?

The probate court said that they didn’t prove that Julia lacked capacity when the trust amendments were made
No proof of undue influence when the trust was amended
No elder abuse by Stephen or Carole.

APPEAL OVER $60,000 IN COSTS

Stephen and Carole appeal from the the probate court’s decision not to pay his costs.
Stephen spent $46,463.03 in expert witness fees
The appeals court affirmed the probate court’s ruling.

PROBATE COSTS AND ESTATE LAWSUIT ATTORNEYS FEES: THE X FACTOR

Palm Beach probate litigators and estate lawyers who handle Palm Beach probate trials know that attorney fees and costs can be an “X” factor. In Probate, the prevailing party can get fees and costs. The cost of a Palm Beach probate lawsuit gets expensive. So do expert witnesses who are needed for Palm Beach probate trials. Sometimes, when probate lawsuits in Florida get so emotional, the attorneys fees can be larger than the property which you are fighting over. ‘Though, many estate lawsuits stand on principal.