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. 

Palm Beach guardianship cases can be tough.   After all, a Florida guardianship is a probate matter where a court is being asked to take away someone’s rights .  It may be the right to vote, or to choose where to live, or it may include the power to manage your own property and $$$ and make your own decisions .  Palm Beach Guardianships are serious business because the probate courts or the Florida guardianship courts deal with our parents’, and children’s and our friends’ and family members’ most basic human rights and civil liberties. 

Same sex marriage ban in Texas keeps $$$ and rights away from same sex couples validly married in other states.    Everyone knows that inheritance rights are worth billions and billions of dollars. The Boston College Center on Wealth & Philanthropy has estimated that $41 Trillion will pass from the WWWII generation.   So what do probate, trusts, valuable homes and bank accounts have to do with same sex marriage and a recent Texas federal case?  

Are you in the middle of a probate litigation case in Palm Beach, Boca Raton or Delray Beach ? Are you in the middle of a will contest ? Is dementia an issue? Did mom or dad have the right  mental capacity when they signed the deed or Florida will or Palm Beach trust ?   Maybe you are objecting to the Palm Beach will or have started a will contest.  Or, you are the Palm Beach executor of the estate — the personal representative of the Palm Beach Estate — who is charged with defending the last will against a will challenge. 

Here’s a very recent    probate litigation case,  which is also a trust litigation case,   which can show you how fast one’s health can deteriorate — and the     effect it can have on your estate plan,   your last will, and your revocable trust.  It also shows you how, after you die, your family members, heirs at law, next of kin, your beneficiaries, and even your ex-wife, can be involved in an inheritance lawsuit and lots of trust litigation.  

Q:  what if someone promised to leave you $10 Million ?  Would you get that in writing ? Here’s a recent    probate lawsuit, or  inheritance lawsuit, from New York, decided just days ago, about a purported promise to leave an inheritance…… actually a promise to leave a $10 Million trust.

If you have ever been involved in a Palm Beach probate case, or a Palm Beach inheritance lawsuit, you understand the importance of the “discovery” process.  The discovery process is an important part of any estate lawsuit or trust dispute, and is governed by the Florida probate rules & the Florida Rules of Civil Procedure.  The discovery process helps heirs, next of kin, family members, personal representatives of the Florida estate, and others learn answers to important questions like:  where’s all the money  ?   I thought mom or dad’s estate had more money: where is it ?   Who has mom or dad’s medical records  ?  Did they know what they were doing when they changed their will or trust ?   An important part of the discovery process in probate litigation is the “deposition.”  A Palm Beach appeals court case whose opinion was just issued yesterday answers the question:  do I have to travel to have my deposition taken ?

Have you ever been involved in a Palm Beach probate or a Ft. Lauderdale estate lawsuit and been ordered to show up in Probate Court by the probate judge ?   Probate judges requiring you, a party to a probate lawsuit, to attend a court hearing is common, including case management conferences or status conferences before a probate trial.  A recent Broward County, Florida ruling which dismissed the defenses of a party who failed to show up to Broward court when ordered, demonstrates the importance of following court orders.

The nephew was USED TO BE appointed to run the estate, and was replaced in the trust amendment by his brother, sued. The 3 charities who had been cut out by the trust amendment also joined. What did they argue in their probate lawsuit or trust lawsuit?

A very recent probate litigation case in California went to the appeals court.  This probate lawsuit involved a challenge to a mother’s will based upon fraud, forgery and undue influence.  This estate lawsuit involved $4.2 Million and 5 children who were dis-inherited.