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.
A wealthy New York resident died …..
- When someone dies & there is a probate estate, that person is often referred to as the “decedent”
- The wealthy decedent died testate – with a will — on September 14, 2006
- A girlfriend — or, a friend – – filed claims against the estate ( I guess he left her nothing under the will )
- She claimed that she & the decedent had been in a domestic partnership for more than 30 years. ( What the heck is a domestic partnership? Palm Beach probate litigators, and estate litigators throughout Florida, know that Florida probate law and Florida family law do not recognize a common-law marriage. Florida probate law, or estate law, does recognize valid claims against a Florida probate estate for debts and obligations of the deceased Florida resident. Valid claims against a Florida probate estate can include
- claims of a Florida widow or Florida surviving spouse under a prenuptial agreement,
- or claims of a girlfriend or boyfriend under a cohabitation agreement. )
She claimed there was an oral agreement — a contract —- which entitled her to $$$$ or property
GIRLFREIND WANTS $10 MILLION & $150,000 / YEAR
- She claimed that her wealthy friend, prior to his death, agreed to do some thing
- This promise, she claimed, was an enforceable contract against his estate . ( Oral promises against an estate in Florida often lead to probate litigation .)
- She was a supposed creditor of his probate estate ( Probate lawyers know that creditors — valid creditors — get paid first-—- before anyone receives a dime of an inheritance. )
- the probate court, what they call the Surrogate’s Court in New York, would deal with this inheritance lawsuit
INHERITANCE LAWSUIT: WHAT WAS THE CONTRACT TO LEAVE AN INHERITANCE ? WHAT WAS THE ORAL PROMISE TO PAY AN INHERITANCE OR CREATE A TRUST ?
She claimed that he was supposed to create a $10 Million trust fund before he died & she would be paid $150,000 a year for her life. Is that all ?
Q: what was the supposed deal ?
She would provide this wealthy gentleman with homemaking and full time support during his extended stays in Asia.
EXECUTORS OF PROBATE ESTATE SAY NO !: THEY REJECT CLAIM OF $10 MILLION PROMISE TO LEAVE AN INHERITANCE
- The executors of the decedent’s estate rejected her claims. (In Florida, we call the ones who administer an estate, or who “run” the probate, the Florida personal representatives. )
- She sued: an inheritance lawsuit in the probate estate to test the validity of her claim of an oral promise to leave an inheritance.
WAIVER OF INHERITANCE RIGHTS OR RIGHTS TO THE ESTATE ?
•· Most probate litigators who deal with estate creditors and those who make a claim against the estate of someone who was wealthy know that you can waive your rights. You can’t file an estate claim, and try to get money from the estate or the trust, if you waived your rights. WAIVER of rights TO AN ESTATE OR TRUST is a valid defense to an attack on the estate in Florida and elsewhere. In Florida, waiver of estate rights or any rights, must be voluntary and made with knowledge: knowingly. You can’t waive your estate rights by accident.
- There was a 2004, letter
- The g-friend evidently waived her rights in writing. What did it say?
- She agreed to “waive any claim of any kind or nature against [the decedent], [his] family or [his] estate.”
- She claimed that the waiver, or release document, was the product of duress or undue influence and was unconscionable. She appealed. And lost.
ORAL PROMISES TO LEAVE AN INHERITANCE IN FLORIDA OR PROMISE TO MAKE A FLORIDA WILL
Generally, under FLORIDA PROBATE LAW oral promises, contracts or agreements to leave an inheritance, to make a will, to create a trust, or leave property or $$$ are un-enforceable in Florida. You need a writing. For you folks who are researching oral promises to make a will, or “leave a devise” or leave a Florida inheritance, check out Florida’s statute of frauds, which talks about contracts which are required to be in writing. More pointedly, read the Florida Probate Code. The Florida Probate Code has a specific Florida estate rule, or Florida probate statute, which says that oral promises to leave an inheritance are unenforceable. If someone has indeed made a promise to you that he or she will leave you an inheritance to their Florida estate or Florida probate or Palm Beach trust, that statute or law in the Florida Probate Code also tells you what you need in writing. My suggestion: don’t go it alone: hire a good Palm Beach will & trust attorney or Palm Beach estate planning attorney who is familiar with contract rights, Florida estate rights and , perhaps, more importantly, rights of creditors to Florida estates. Of course, there are other ways to seek $$$ from an estate if there really was an oral promise — and reliance on that promise. Check out the issues of quantum merowit & part performance & detrimental reliance.