Step-Children Object to Step Mom’s Elective Share — after they put her in a guardianship

In Palm Beach, there are many second marriages with step children and second and third spouses.  And there are also many guardianship actions in the Palm Beach Probate Court.  This Minnesota case, whose legal opinion was issued by the appeals court just days ago, is the intersection of 1) guardianship law 2) estate law & the inheritance rights of a widow or surviving spouse (specifically an elective share) and 3) estate litigation where the step children are opposing an incompetent widow’s right to seek an estate inheritance or elective share.

Helen Loses Husband of 14 Years, Survived by Step Children

• Helen lost her husband William in October 2009
• Helen was married to William for 14 years
• One of William’s children — from another relationship — was appointed the personal representative of his estate (can you sense where this is going ?)

Step-Children Create Guardianship for Step Mother – confusion about assets

• October 2010: Step-children file for guardianship of Helen a year after dad dies
• Helen is the subject of a guardianship – filed by William’s children after William died– the step children created the guardianship (now watch what they do to the widow in the estate …)
• A professional, court-appointed conservator and guardian was appointed for Helen by the probate court
• The probate court, which handled the guardianship for the widow, had a finding:
• Helen lacked capacity to “manage property and business affairs because of an impairment in her ability to receive and evaluate information or make decisions” due to mental and physical impairments
• The probate court found that her impairment leaves the widow vulnerable to potential financial exploitation, both from within her family and from outside sources

Guardian Tries to Get Widow an Inheritance in Estate Case

• Helen’s guardian tried to get her an estate inheritance from William’s estate
• The guardian wanted to file for Helen’s elective share

Step Children Object to Widow’s Elective Share

• November 12, 2010: the widow’s guardian filed a petition seeking court authorization to file for an elective share
• The probate court approved the guardian’s attempt to get an estate inheritance, an elective share, for the widow
• May 31, 2011: step children filed an objection to, and a motion to dismiss, the guardian’s elective-share petition in the probate court – based upon “unconstitutionality”
• Step children argue Widow can’t inherit from dad’s estate: the guardian’s elective share attempt was un Constitutional

The appeals court said it was not un constitutional.  Here’s the link to the appeals court legal opinion if you want to read it all: http://mn.gov/lawlib/archive/ctappub/2014/opa131415-030314.pdf