Sister Sues Brother and Lawyer for Undue Influence Over Dad’s Estate — recent case of what’s happening now

Uncategorized • Aug 28, 2014

Want to read about what families are suing each other over in America outside of Florida probate litigation circles?

Recent Undue Influence Case in West Virginia

If you are involved in a Florida undue influence probate case, you may want to read a recent memorandum decision of the Virginia Supreme Court of Appeals, from April of 2014
This case involves sister suing brother over dad’s estate
Probate law firms in Florida are used to family disputes much like Palm Beach divorce lawyers are used to the same…. but in the Florida estate context, you are generally fighting over Death and Dollars
Perhaps this recent undue influence case will give you some perspective if you are thinking of getting involved in a Palm Beach inheritance lawsuit

Sister Beth was not happy with the estate plans of her parents
So, she sued her brother, who inherited more than Beth did— sued over both mom’s estate and also dad’s estate
Over the years, their parents signed multiple wills
In 2008, there was a change to the parents’ estate plan
Now, most Florida probate lawyers know that over the years, sometimes, estate planning clients change their minds–sometimes often. Sometimes, they want just a little change to their estate plan. Sometimes, there are HUGE changes

Beth did not like how the inheritances went under the will or the estate plan
Do any heirs of beneficiaries like to have their inheritance tied up in trust?
Don’t Boynton Beach trust beneficiaries call Florida probate lawyers and want to dissolve or bust up the family trust?
How many Delray Beach probate cases are there with trust beneficiaries upset over their inheritance being held in trust?
The probate lawyer who wrote the will or the estate plan testified that the parent’s did not want Beth’s husband to inherit any of their wealth
This is a common scenario which Palm Beach probate lawyers see all the time: “I want you to inherit my money, but don’t give your inheritance or trust to “X” . “
Thats why so many Palm Beach Gardens estate attorneys use the Florida Revocable Trust, also called the Florida Living Trust

Now this undue influence case was, in some respects, not much different than what Palm Beach County Probate Courts see
Not only was there a claim for undue influence over the wills and the executor of the wills was sued, but there was also a probate lawsuit for tortious interference with an expectancy. Want to read more?