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Can my parent disinherit me on his deathbed by marrying someone?–tips for probate beneficiaries & heirs and a recent NY probate litigation case

Uncategorized Nov 10, 2014
post about Can my parent disinherit me on his deathbed by marrying someone?–tips for probate beneficiaries & heirs and a recent NY probate litigation case

If you have rich parents, you may be wondering about your Florida inheritance, right ? And you may be wondering if you can be disinherited, particularly if your mom or dad just married someone new.   There is a New York probate litigation case which involves these issues, not that different than the estate lawsuits we see in Palm Beach County Probate Court

Can my parents disinherit me on their deathbed?

  • So, what if dad is rich but on his death bed
  • He is in the hospital and he does two things
  • Dad marries his girlfriend that he has only known for a short time
  • Dad changes his will in the hospital and leaves everything to his new girlfriend or wife
  • Can dad disinherit you on his death to someone you may have never met?
  • Is a deathbed will enforceable in Florida? How do Palm Beach probate courts deal with deathbed wills?

I just lost my inheritance: Palm Beach heirs complain

  • Some Palm Beach heirs don’t like it when mom or dad leave their inheritance to someone else, like a new boyfriend or girlfriend, the tennis pro or the neighbor
  • But the truth is that under Florida probate law your mom or dad can leave their Palm Beach probate to whomever they want — as long as they are competent and not underundue influence
  • If your parent is the object of undue influence or had dementia or Alzheimers, or lackedmental capacity, you may be able to set aside the will by filing a Palm Beach will challenge, sometimes called a will contest
  • But under Florida law you don’t necessarily have an entitlement to a Floridainheritance.
  • But, do you know the exceptions to this rule?

Re-marriage, second marriage, death bed marriage:  who inherits the estate?

  • What if dad or mom marry someone while they are in the hospital and on theirdeathbed?
  • Are deathbed marriages valid in Florida?
  • Is there a way for heirs and children to attack the deathbed marriage under theFlorida Probate Code?
  • There is a recent New York probate litigation case right now which was featured in the New York Post which has some similar issues.  If you want to read about this probate lawsuit and whether or how minor children were dis-inherited, or had their inheritance decreased, you can read about this estate lawsuit at this link:  http://nypost.com/2014/11/10/woman-claims-her-exs-second-wife-stole-their-sons-inheritance/