This is a tale of a Mississippi musician who could not read or write, and the will which left everything to his girlfriend. Undue influence ? By whom? A business partner or mentor? What would they say in Palm Beach Probate?
Junior Leaves Everything to Girlfriend: Children Sue & Challenge Will
- “Junior” lived in Marshall County, Mississippi, where he learned to play the guitar & opened a juke joint
- He could barely read or write
- He was not able to understand the music contracts that he entered into
- Junior died January 17, 1998
- He left his entire estate to his girlfriend
- Matthew was named executor of the estate in his Last Will and Testament
- Matthew had some business dealings with Junior
- May 21, 1998: The Executor petitioned the court to probate Junior’s will
Probate Court Admits Will
- The Probate Court admits the will
- Appoints the executor
- And issues letters testamentary-what we call in Palm Beach Probate circles “letters of administration” granting to you the authority to administer the estate
CHILDREN CONTEST THE WILL : do nothing for 10 years !
- August 18, 1998: the children contest the will, filing a probate lawsuit which challenges the validity of the will
- Nothing else happened in the probate or will contest for 10 years !
Probate Court Denies Motion to Dismiss Will Contest
- May 2009, the chancery court denied Executor’s motion to dismiss
- Probate discovery shall begin
- The executor is removed from administering the estate (In Florida, to remove the Personal Representative, you have to prove to the Palm Beach probate judge that the personal representative is “unfit” or is interfering with the efficient administration of the estate.)
2012 Probate Trial
- October 2012: probate trial held
- Dismissal motion granted in probate trial !
- Probate appeal follows.
Appeals Court Upholds Probate Court’s Dismissal
This case involved whether a person who was named as personal representative under a will was in a “confidential relationship” with the deceased person. If there was such a confidential relationship, then the heirs at law might be able to raise the issue of undue influence to challenge the will.
In Palm Beach estate litigation, I have been personally invovled in allegations against personal representatives or attorneys who are not beneficiaries of the estate. The question for the Palm Beach probate court is whether one who benefits financially from administering a Palm Beach estate, is a substantial beneficiary under the will. In this Mississippi case, they focussed on whether a business person was in a confidential relationship for claims of undue influence to a will challenge.
If you want to see what really happened, here is the link to the legal opinion from the Supreme Court of Mississippi regarding this estate lawsuit: http://courts.ms.gov/Images/Opinions/CO92937.pdf