Mother-in-Law Successor Trustee Sues Son-in-Law : Will is a Forgery

You’ve read a lot about Palm Beach probates and Florida trusts involved adult children from the second marriage and the latest husband or wife who engage in Palm Beach probate litigation. This is a  “sister” California case about a mother in law versus a son in law over a Last Will which is claimed to be a forgery. Remember: forgery is a serious allegation to make.    In Palm Beach probate litigation, an actual forgery is rare. But here is a correction to conventional wisdom about estate litigation involving forged wills, or supposedly forged wills: by hiring the right expert, a forensic chemist, proving or disproving forgery of a Palm Beach will is easier than ever before.   A lot of Palm Beach probate lawyers focus on a “handwriting” expert.   The key to these forged will cases is not the look of the signature but, rather, the ink.   A good chemist can help your case by examining the different chemical compounds and microscopic looks of pencil, graphite, lead, ink, and toner. They can help you determine the answer to : is the Palm Beach will a forgery?

Husband & Wife Get Wills & Trusts

• Rina and Gary were married and had three children
• 2007: They created a family trust with individual wills
• September 2008: Rina created a separate living trust providing that trust property be distributed to her children, with her mom as successor trustee (Palm Beach probate: we’d call that a Florida revocable trust)
• Rina did not make a new will or amend her prior will.

Can you see where this is going?

Probate Opened Up

• Rina died on May 31, 2009
• Husband Gary was named the estate executor in the Last Will—-what we call “personal representative” in Palm Beach probate
• The personal representative petitioned for probate of the will, for letters of administration, and for authorization to administer the estate.

Mother in Law Objects to Probate: Challenges Will

• Gary’s mother in law objected to the will
• She was the successor trustee of the living Trust and wanted to challenge the will
• Mother in law: the will is not valid ! Forgery !
• The Mother of Rina wanted to administer the estate and also have a ruling that certain property went into the trust for the children (the Living Trust)

Son In Law Refuses to Respond to Probate Discovery

• The Son in law (who was named the executor) did not respond to discovery requests (not a good move if you are involved in an estate lawsuit in Palm Beach)
• The Son in Law refused to be deposed (in Palm Beach probate, that is not a good move)

Probate Trial on Will Contest

• Probate court conducted a  trial on the matter of contesting the will
• The Mother in Law folded before the will contest trial
• Will is admitted to probate
• Son in law/husband can administer the estate
• Property ruling by Probate Court: Rina’s separate property was transferred to her living trust (also called a revocable trust) and her community property in the Family Trust

Here’s the link if you want to read the entire legal opinion: http://www.courts.ca.gov/opinions/nonpub/B240523.PDF