Can a person change his or her Boca Raton trust after it is written? If my dad sets up a Florida trust for me, can he leave nothing in it? What does it mean to be incompetent? Is a guardianship necessary? When do I need to hire a Palm Beach Gardens guardianship lawyer? You may want to check out this recent article about the Pelicans/ Saints owner and his legal battles regarding his estate plan.
Lack of Capacity & Florida Estates
- Probate lawyers West Palm Beach know that, according to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a Florida will or trust.
- What does that mean?
- At the time of the estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed. “In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399.
- How do you challenge a Florida estate plan change if someone is not competent?
- Proving that someone lacked the mental capacity to change their Florida estate can often be a difficult task.
- Therefore, it is a task that requires the work of skilled Palm Beach probate litigators.
- Being subjected to a Florida guardianship, or having a petition for incapacity filed against you, can be very stressful and expensive.
- It is important to speak to a trusted guardianship attorney right away.
- Check out this recent case involving the Saints/Pelicans owner, Tom Benson, to learn more.
Did Tom Benson Lack the Mental Capacity to Change his Estate?
- According to a May 20, 2016 ESPN article, Tom Benson decided to change his estate plan so that his daughter and grandchildren were no longer “successors to his business empire.”
- His third wife, Gayle, would replace him.
- As a result, his daughter and grandchildren “tried to have Benson declared mentally incompetent, claiming he was in mental and physical decline and being unduly influenced by Gayle and other in the organization.”
- What did the New Orleans civil court decide?
- Although this matter was in Louisiana, it is similar to the guardianship lawsuits that are frequently heard by probate lawyers West Palm Beach.
- Click here to read the entire article.