Do you know what an interested party in West Palm Beach probate is? You may know that you have to be an interested party to bring a will contest but who constitutes an interested party may surprise you. Check out this interesting case out of Ohio where a woman filed a will contest against her late husband’smother’s estate! Is this allowed? It was in Ohio, learn more here.
Interested Parties
- An interested party in West Palm Beach probate is someone with standing to bring a will contest or other suit.
- The court will not hear you out just because you think a will is invalid you have to have a stake in it.
- Do you know if you qualify as an interested party?
- Experienced Palm Beach probate litigators know that an interested party can be someone who would inherit if all the wills are invalid, in other words through intestate succession.
- You also will be considered an interested party when a previous will offers you aninheritance but the new will does not.
- Do you know how to challenge a will in West Palm Beach?
- What if you become an interested party through another testamentary instrument?
- For example if you inherit your husband’s estate can you contest a will that disinherits him?
- That is what one woman in Ohio did to protect her inheritance, how do you think it turned out?
Estate ex rel. Abraitis v. Gallagher
- Decedent’s former wife who was also his personal representative and sole beneficiary filed a complaint to contest the decedent’s mother’s last will and testament that left her entire estate to the mans brother.
- This effectively disinherited the woman’s late husband, so she sued!
- The woman instituted among other things a will contest in Ohio trial court but the court dismissed her action saying she was not an interested party.
- Do you agree?
- The appeals court did not agree and they reversed holding that she was in fact aninterested party.
- Now she has a shot at a jury trial to try to capture a portion of the mother’s estate and place it into her husband’s estate.
Want to learn more about this interesting if not bizarre case?
Check out the full case by clicking here.