Breaking Florida Probate Litigation: Can disinherited son attack dad’s marriage in Broward probate ?
Can a dis-inherited son of a Ft. Lauderdale probate attack his dead father’s marriage & try to get an inheritance? This September 14, 2014 opinion of Florida’s 4th District Court of Appeal deals with a probate lawsuit in Broward County. If you were dis-inherited and your dad left everthing to his wife, you may want to read this probate appeal decision if you believe you can have the marriage declared null & void.
Family Trust: Irrevocable Florida Trust
- Grandfather created a Florida family trust to hold wealth
- Grandfather gave each child a power of appointment to give away the trust at death to certain family members and spouses
Father Dis-inherits Son Under Florida Will
- Every Florida probate lawyer from Boca Raton to Palm Beach Gardens knows that no son is ENTITLED TO AN INHERITANCE
- In fact, estate lawyers from Plantation to Jupiter, Florida know that you can give away your wealth any way you like — and to whoever you want under the Florida Probate Code
- Grandfather’s son wrote a will which dis-inherited his son and left everything under grandfather’s family trust to his wife—-his third wife
- The adult grandchild, who is the son of the grandfather’s son, didn’t like that
- Why?
Florida Trust Power of Appointment Lawsuit
- Adult grandchild would inherit under the Florida family trust if father did not exercise his power of appointment
- In other words, if power of appointment under Florida trust is not valid, adult grandchild inherits
Question: did father validly exercise his power of appointment?
Question: could son, after father’s death, attack father’s marriage to his third wife…..can you dis-inherit father’s third spouse?
Question: can son attack, in the Ft. Lauderdale probate, the supposed in-validity of father’s Nevada divorce?
Read More About this Broward County Probate Lawsuit
Here is the link to read, online, the free legal opinion of the Palm Beach appeals court which decides appeals of Ft. Lauderdale probates: http://4dca.org/opinions/Sept.%202014/09-10-14/4D13-21.op.pdf