WAS THE PALM BEACH MARRIAGE OBTAINED BY FRAUD OR UNDUE INFLUENCE ? *** Inheritance rights for Florida heirs against your parent’s second or third spouse

Did Mom or Dad marry someone under odd circumstances that you did not like?    If you believe that a     marriage was obtained by fraud,   duress or #UndueInfluence,  can you dis-inherit the #FloridaWidow from the #FloridaEstate?

#FloridaProbateLaw has a statute in the #FloridaProbateCode that allows you to challenge  the     marriage    — after your parent dies.

Section 732.805 of the    #FloridaProbateLaw    takes away #EstateRights or #DisInherits a #FloridaWidow    —   a #SurvivingSpouse   — who obtained the marriage by #fraud, duress or #UndueInfluence.

If that #FloridaWidow was to receive an #Inheritance by virtue of the Florida marriage, then that        inheritance gets taken away        — but first you have to prove your #ProbateCase in a #FloridaProbateCourt.  Enter the #PalmBeachEstateLitigators.

Here in #PalmBeachProbate circles, #PalmBeachProbateLawyers and those that create estate plans know that a  “Palm Beach marriage”   is very common – an older Palm Beach resident, say 70, marries someone younger than his or her adult children.       Many PalmBeachers have second and third marriages — and second and third families.

Q: With so many wealthy PalmBeachers,  what is an #HeirAtLaw to do    ?

#FloridaProbateLaw permits you to     challenge the #PalmBeachMarriage. But go cautiously before you being #ProbateLitigation. Y   ou have to have a reasonable basis for the belief that     the marriage was obtained by undue influence  : you can’t just file an #InheritanceLawsuit or #ProbateCase because you may not like mom or dad’s last spouse.    And remember, you need to prove your case in #PalmBeachProbateCourt.    This means you need    evidence     of the #UndueInfluence and fraud.  Not just guesses or conjecture   —  emotions and hatred.

What’s interesting is  who may sue to void the #PalmBeachMarriage   ? The #FloridaProbate Code has the answer:    any interested person ! So, that could be someone who #inherits under the     #FloridaWill    or in the #PalmBeachProbate, or it could be an     alternate #beneficiary under a #LifeInsurancePolicy or a     #RetirementAccount,   or it could even be an #EstateCreditor who needs to get money into the #PalmBeachEstate to pay him or her.

But remember the X Factor of all #ProbateLawsuits:    #FloridaAttorneysFees. This “void the marriage” statute has an attorneys fees provision. So, who ever loses    this #ProbateLawsuit will end up paying at least some #attorneys fees.