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