Sister Sues Brother Over Probate of 2010 Will
“Dad loved you more!”…. or something like that. This is a case of a sister who inherited less than the other brother under their dad’s will…..so……..guess what happens? The sister who received less under the 2010 will sues her brother after dad dies. For undue influence.
This is a recent Mississippi Supreme Court case, whose decision on this undue influence probate lawsuit was handed down just yesterday. So, it’s fresh and current. If you are involved in a Palm Beach probate litigation, or may be, you may want to read this recent probate litigation case to gain some perspective.
Dad Signed Multiple Wills
Question: Why does this probate lawsuit matter?
Answer:
- The facts of this Mississippi case is not different than many Palm Beach probates.
- A dad has signed multiple wills over the years, maybe making changes to this estate plan along the way.
- Maybe giving more of his estate to one child and less to another.
- One child doesn’t like that.
- So, when the father dies, enter the Palm Beach probate litigation law firms, right?
No Contest Clauses in Wills — can you inherit if you lose the estate litigation?
- But here’s what makes this recent inheritance lawsuit different.
- Mississippi changed probate laws and the laws of probate litigation: although that state permits “no contest” clauses, they created a good faith exception, or carve out, to that rule which permitted the sister to still get her inheritance under the 2010 will instead of losing it (according to the “no contest ” clause in Dad’s will).
- The 2010 will said, in essence ” if you challenge the will, you lose your inheritance” (I’m paraphrasing what might me a typical no contest clause found in a Las Will)
- Sister lost the undue influence trial, but the court still let her inherit
- How did sister get her inheritance?
- The court created an exception of good faith to the no contest clause law
Florida Probate Law and Palm Beach Probate Litigation
- Are there Palm Beach county estate lawyers who put in or insert no contest clauses to Florida wills? Yes !
- Are no contest clauses in wills valid in Florida? No!
- Prove it ! (Read the Probate Code)
- Florida does not recognize no contest clauses in wills
Q: What can we learn about Palm Beach probate from this?
Answer: If you inherit from, say, a rich aunt who died in Palm Beach Gardens, Florida and her Florida Will says “no contest”, don’t be fooled. If there’s a Palm Beach probate, no contest clauses are not valid here in Florida. So, if the executor of the will, who, say, is a cousin in Boca Raton, Florida hires some high powered probate litigators to intimidate you, tell them what Florida Probate Law says about no contest clauses in wills (sometimes referred to as penalty clauses or in terrorem clauses in wills) .
Q: Want to read more?
Q: Why not read the entire legal opinion of this undue influence lawsuit? Here is the link to read, free, the online decision of the court: http://courts.ms.gov/Images/Opinions/CO96962.pdf