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.