Step Daugher & Step-Mother in Probate Lawsuit Over Mexican Will — August 24, 2015 California probate case of 2 wills

Uncategorized • Sep 21, 2015

How do you probate an estate which has two wills, and one of them is a Mexican will? Well, if you are involved in a Palm Beach probate with two wills, and one of them made in another country, you should consider reading the August 24, 2015 case of Estate of Robert Warren Fansler, Garson-Ayvazian v. Stettner, F069736, 2015 WL 5011716, which is a Court of Appeal, 5th District case from California.

How do You Probate An Estate if There Are 2 Wills?

June 2006: Robert signed a last will in California
Robert’s 2006 last will named his sister, his daughter and his friend as beneficiaries of his estate
His friend was named the executor of his will, what Florida probate lawyers call the personal representative of the estate
November 24, 2011, Robert died, so his friend started a probate of his estate in Arizona, where Robert died at his death and where he evidently was a resident of when he died
Hold on !
A woman shows up in the probate court claiming to be Robert’s wife from a Mexican marriage and with a Mexican will
The foreign will names this new spouse, or this latest spouse as sole or 100% beneficiary of Robert’s estate,
The Mexican will is from June of 2011, signed in Mexico supposedly !

Are Foreign Wills Valid in Florida Probates?

So, what do you do if there is a new will that shows up in Palm Beach probate court that you never even knew about?
What if someone comes to the Palm Beach probate court and gives you or files a foreign will which you knew nothing about?
Are foreign wills valid in Florida?
Well you can check out the Florida probate rules and the Florida Probate Code, but, generally, if a will was valid when it was made and it was written and signed according to the law of where it was made, it may be valid in Florida
BUT….. what property of the estate or probate does the foreign will seek to transfer or leave or let someone inherit?
Does the foreign will dispose of property in that foreign jurisdiction or country only, or does the foreign will dispose of property in Florida, too?
Many people who own real estate or land in a foreign country are advised by estate planning attorneys Boca Raton to do two things:
1st, hold the foreign real estate in a corporation or an LLC
2nd, have a foreign will that only, only, distributes the foreign property at your death

Where Do I Probate a Foreign Will?

So, where do you have the probate proceeding or estate case for a person who dies with more than one will?
In this recent, August 24, 2015 California probate case of dueling wills, they had theirprobate lawsuit and their will contest case in California
But there was also a 2nd probate or estate legal proceeding: in Arizona probate
And there were legal actions going on in Mexico !
Why are there three probate cases going on?
The Mexican will was also the subject of a court action in Mexico
So, why are there three probate cases going on?
And what law or probate laws do you apply to determine who inherits the estate?
Well, I’ll let you read this object to the will probate case from California
Here is a link to read this entire probate lawsuit, foreign will and object to the Probate case: http://www.courts.ca.gov/opinions/nonpub/F069736.PDF