There’s nothing like will substitutes, or non probate assets, for estate litigators . Once described as a “pour man’s will”, will substitutes are no longer for “poor” persons: they generate as much in Palm Beach probate litigation fees as Boca Raton will contests, Florida revocable trusts and undue influence trials in Delray Beach. And Florida will substitutes — meant to avoid Florida probate — hold billions of $$$$ in value. It’s a bit ironic , because will substitutes, or non probate assets, are “supposed” to be simple, pay on death assets. No fuss, no muss….. right ? (Hardly: just ask a Palm Beach probate lawyer or a Palm Beach Estate Litigator). One of the most common forms of “will substitutes” is a beneficiary designation on a bank account, annuity or life insurance policy. This recent New Hampshire Supreme Court probate case deals with “split ” families – some times called “second” families — and will substitutes: life insurance proceeds. LIfe insurance death benefits. A non probate asset. It also deals with a probate remedy: a form of relief you can get in probate court if you believe someone inherited $$$$ or property and shouldn’t have : the constructive trust tries to “freeze” the $$$ or assets in the hands of someone who shouldn’t have it, or maybe shouldn’t have it. You be the judge.
NEW HAMPSHIRE ESTATE : PROBATE LAWSUIT PITS SON AGAINST DAD’S LAST WIFE-stepmother
- Lucien died a New Hampshire resident
- They started to probate his estate
- Lucien had a wife, a surviving spouse, or widow, named Helen- the stepmother to Lucien’s son Thomas
- Helen & Lucien married in 2003 — a few days after a daughter was born
- Lucien also had an adult son Thomas
- Thomas was the probate petitioner
- Thomas wanted a constructive trust placed over life insurance money or insurance proceeds
- Thomas wanted the probate court to impose a constructive trust for the benefit of Lucien’s heirs
STEPMOTHER APPEALS PROBATE RULING —- wants life insurance $$$
Helen didn’t like the probate court ruling in the estate case . She lost: Thomas, her stepson, won. The adult son won the probate lawsuit against his dad’s last wife– the adult son won the probate lawsuit against the stepmother. See……………it doesn’t just happen in Boca Raton or Ft. Lauderdale. Stepmother probate litigation: or Stepson Probate Litigation. It also happens in the “Live Free or Die” state. The probate Court granted a constructive trust. Helen appealed…… and lost.
DID THE STEPMOTHER COMMIT FRAUD & DECEIT ????
- Thomas , the stepson, didn’t pull any punches in his probate lawsuit
- He claimed that his dad’s last wife, Helen, the stepmother committed fraud, deceit, and misrepresentation (Sounds like a standard Palm Beach probate litigation case, right? Split families or second families often don’t get along: add $$$, and you have a lot of probate litigation and life insurance litigation. ) So………..what did Thomas say his stepmother did ? According to him, his
HEIR SUES SUES BABY MOMMA
- Stepmother “induced” Thomas’ dad to marry her (Helen) AFTER Helen gave birth to a daughter whom she claimed was Lucien’s. ( What we don’t know is if, or whether, the family sued the baby momma to set aside the marriage: have the marriage declared void in a probate proceeding . In Florida, Palm Beach estate litigators know that heirs at law, next of kin, can bring an inheritance lawsuit or a probate lawsuit to declare a marriage void if it is obtained through fraud or undue influence. Check the Florida Probate Code: Palm Beach probates are already dealing with this issue. )
LIFE INSURANCE PROCEEDS — LIFE INSURANCE $$$$ — GOES TO LAST WIFE (WIDOW) AND HER DAUGHTER
- The life insurance MONEY was paid equally to Helen and her daughter.
- Why ?
- That’s what the life insurance policy beneficiary designation said.
- So,……………. what’s the next question ? ………………. How did the life insurance policy beneficiary designation get that way ?
- Here’s what’s interesting: the son, Thomas, only was “fighting” over his step mother’s portion of the life insurance $$$$ …. The adult son did not challenge the beneficiary designation of the daughter.
INHERITANCE & PROBATE QUESTIONS TO PONDER
- Was paternity ever questioned ? (no)
- Lucien had a vasectomy many years before ………… HHHHMMMMMMMMMMMM
- Was the daughter his ?
- Did son Thomas have a half sister ?
- Evidently there was no DNA testing.
In Palm Beach probate lawsuit circles, the best estate litigators “fight” over life insurance policies and life insurance death benefits all the time. Family trees are important and sometimes there is estate litigation challenging the marriage, not just the will. Marriage contests, not just will contests, seem to be more common in Palm Beach probates and in Florida estate litigation. Increasingly, people move to Florida, divorce their first or second spouse, and re marry — and then create a “second” family. The Palm Beachers now have adult children with kids of their own, and also a new wife or husband, and newborns………. A Palm Beach marriage .