Estate litigation in Florida can be expensive and time consuming, and it is surprising how few people consider getting a Florida probate lawyer when their rights have been infringed. Did you know that Florida probate litigation may be able to undo gifts that were given during a person’s lifetime (so called inter vivos gifts)? Check out this recent case out of Kentucky to learn more.
Inter Vivos Gifts and Florida Probate
- Probate attorneys Florida know that the probate court does not look at things in a vacuum.
- What does that mean?
- It means that estate attorney Florida can point out things that happened before the decedent’s death.
- This makes sense because otherwise how would a Florida will contest lawyer ever make a good case?
- Florida estate attorneys often look to gifts made during a decedent’s lifetime.
- These are called inter vivos gifts.
- Your Florida estate lawyer may be able to use these gifts for many things.
- What are some examples?
- Maybe the gifts show that one relative already got his or her cut of the inheritance.
- Also it is possible that these can be used to show undue influence or duress, even fraud in some cases.
- Probate attorneys Florida can discuss the specifics with you in detail.
- Want to learn more?
- Check out this recent case out of the Court of Appeals in Kentucky.
Hays v. Hays
- This was an interesting probate appeal from Kentucky.
- The only heirs were distant relatives of the decedent and the record showed the decedent was good at updating her estate plan.
- Experienced Palm Beach probate litigators know that estate plans need updated regularly.
- Some of the relatives were trying to disturb the estate plan and possibly implant a previous testamentary document (like a will or trust) in its place.
- They used the inter vivos gifts of the decedent to try to make their case, albeit unsuccessfully.
- That does not change the fact that Florida probate lawyers may be able to use these gifts in your Florida will contest.
Want to learn more?
Check out the entire case of Hays v. Hays by clicking here.
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