Palm Beach Probate Litigation:Can I Inherit Under a Prior Will?

Can I inherit under a prior will in Florida? In Florida, how do I inherit if someone dies without a will? Are you involved in a West Palm Beach will contest or inheritance lawsuit where someone is contesting a will?  Are you involved in a Florida estate or inheritance lawsuit in Florida where someone is attacking a will or trust?Florida probate attorneys know that, often, people contest amendments to a trust or will. Revocable trusts and living trusts are very common in Florida and, sometimes, family members attack the validity of a trust. If you are involved in this type of lawsuit, you want to ask your estate attorney if they know about the doctrine of dependent relative revocation. What happens if a Florida will or trust is declared to be invalid by a probate judge?When would a Florida will be considered invalid? Perhaps, someone executed a will without the required mental capacity to know what they were signing. If a person’s will is deemed invalid, that person may be thought to have died without a will. If so, Florida intestacy laws may apply. Intestacy laws tell us who inherits your property if you die without a will in Florida. Probate litigators know that the people who inherit under these laws are typically your heirs.

In re Estate of Murphy

In this case, a woman died at the age of 107 leaving 12 million dollars. She left the majority of her estate to her long time attorney.A family member filed a will contest based on undue influence. After a probate trial, the Court decided that the will was invalid and that her Florida estate would pass through intestacy.On appeal the Second District Court noted that the trial court had made an error and ignored the doctrine of dependent relative revocation.What is the doctrine of dependent relative revocation?It is a legal doctrine that revives prior wills and trusts and gives them effect. As a result, her old will should be revived.There is a presumption in Florida that, if this doctrine is plead properly, the person who passed away did not want to die intestate or without a will.Instead, he or she would rather have her property pass under a prior will.This presumption is rebuttable.You should talk to your probate litigator West Palm Beach, or your Florida probate lawyer, about whether the doctrine of prior wills can help you in your inheritance lawsuit.Check out the entire case by clicking here.