Florida Probate Litigation and Prior Wills
Can I inherit under prior Florida wills? In Florida, how do I inherit if someone dies without a will?Are you involved in an estate or inheritance lawsuit West Palm Beach where someone is contesting a will? Do you have a relative whose estate is about to pass through intestacy? What is the doctrine of dependent relative revocation?
Prior Florida Wills
- Are you involved in a Florida estate or inheritance lawsuit in Florida where someone is attacking a will or trust?
- Probate attorneys West Palm Beach know that, often, people contest amendments to a trust.
- Revocable trusts and living trusts are very common in Florida and, sometimes, family members attack the validity of a trust.
- If you are involved in this type of lawsuit, you want to ask your attorney if they know about the doctrine of dependent relative revocation.
- What happens if a Florida will or trust is declared to be invalid by a probate judge Delray Beach?
- When would a Florida will be invalid?
- Perhaps, someone executed it without the required mental capacity to know what they were signing.
- If a person’s will is deemed invalid, that person may be thought to have died without a will.
- If so, Florida intestacy laws may apply.
- Intestacy laws tell us who inherits your property if you die without a will in Florida.
- Probate litigators Palm Beach know that the people who inherit under these laws are typically your heirs.
In re Estate of Murphy
- In this case, a woman died at the age of 107 leaving 12 million dollars.
- She left the majority of her estate to her long time attorney.
- A family member filed a will contest based on undue influence.
- After a probate trial, the Court decided the will was invalid and that her Florida estatewould pass through intestacy.
- On appeal the Second District Court noted that the trial court had made an error and ignored the doctrine of dependent relative revocation.
- What is the doctrine of dependent relative revocation?
- It is a legal doctrine that revives prior wills and trusts and gives them effect.
- As a result, her old will should be revived.
- There is a presumption in Florida that, if this doctrine is plead properly,the person who passed away does not want to die intestate or without a will.
- Instead, he or she would rather have her property pass under a prior will.
- This presumption is rebuttable.
- You should talk to your probate litigator West Palm Beach, or your Florida probate lawyer, about whether the doctrine of prior wills can help you in your inheritance lawsuit.
- Check out the entire case by clicking here.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.