Sibling rivalry in Palm Beach probate courts? Yes, this happens all the time. Even in the south. Estate beneficiaries, adult children, are disinherited, and the entire Palm Beach estate goes to the other adult children. Mom or dad pick favorites and disinherit some children. A will challenge is filed in the Palm Beach probate. If you are a sibling who is involved in a Palm Beach will challenge, or if one of brothers or sisters is filing a Palm Beach will challenge because they were dis-inherited, you may want to read this Georgia Supreme Court case. It deals with a probate lawsuit where two adult children were dis-inherited from their mom’s estate: all they got was a dollar.
Mom’s Will Leaves Two Children $ 1
- This probate lawwsuit involves four adult of Evelyn
- Evelyn died on November 29, 2009
- Danny & Uyvonna wanted to probate their mom’s will
- The last will they wanted to probate left mom’s entire estate to them
- What did their 2 siblings inherit under mom’s will ?
Evelyn’s other two children only got $1 under the will
Will Contest By 2 Adult Children
- The will was admitted to probate in Georgia
- The 2 children who got a $1 inheritance objected to the will
- They fought the admission of the will to probate
- On what grounds ?
Siblings Claim Undue Influence & Without Testamentary Capacity to Sign Will
- The adult children who were dis-inherited claimed that their mom was without testamentary capacity when she signer her last will
- Another approach of the will contest : they argued that the will was signed under the undue influence of their siblings who inherited the entire estate
After Probate Court Admits Will to Probate: Estate Trial
- A jury trial was held regarding the undue influence and other claims.
- Is the will that’s been probated valid?
- The superior court denied the petition to probate the will.
Siblings Who Inherit Estate Appeal
- The appellants to the Probate Appeal claimed that the winning side should NOT have been able to argue incapacity and undue influence …..on a technicality
There Was a Guardianship Before The Estate Was Opened
- 1997: children who inherited under mom’s will filed for guardianship ! (In Palm Beach at least, when there is a guardianship, the probate judge makes a ruling on whether mom or dad is incapaciated or not. )
- The probate court agreed: a guardianship was needed
- There were 2 guardianship appeals
- These siblings had been to court well before mom’s estate was opened and before the probate began
Guardianship Lawsuit Over Deeds & Real Property
- 2002: another inheritance lawsuit
- they wanted deeds set aside
- mom had conveyed some real estate to her two children
- the issue of incapacity had already been decided….sort of
What Can Palm Beach Estate Beneficiaries & Personal Representatives Take Away?
- Your Palm Beach estate litigation team should be mindful of any lawsuits before the Palm Beach probate begins.
- Was there a Palm Beach guardianship?
- Were there any lawsuits?
- If so, were the lawsuits directed to mom or dad’s property or money?
- Were there findings of fact by a Palm Beach Court?
- And, if so, can those findings be used, or not used, in the Palm Beach inheritance lawsuit or even in the Palm Beach probate.
If you would like to read this opinion, here is the link:http://www.gasupreme.us/sc-op/pdf/s13a1390.pdf