Experienced Palm Beach probate litigators know how ease the burdens of probate by creating non-probate assetsthat were previously probate assets. So what happens when these non-probate assets are distributed pursuant to an estate plan that was procured by undue-influence? For that answer you may want to check out a recent case out of the Court of Appeals in Washington dealing with a constructive trust.
Non-Probate Assets
- Do you know what a non-probate asset is?
- These assets are not going to be touched by the probate court when they administer your estate plan.
- This is good because it means a faster, cheaper probate.
- But one problem is with estate plans that are brought about by undue influence and fraud because the Court cannot easily undue such distributions.
- In other words the improper distributions occur outside of the scope of the probate court.
- Experienced Palm Beach probate litigators know that in this instance the only solution may be to impose a constructive trust.
Constructive Trusts in West Palm Beach
- A constructive trust may be the right tool to protect those non-probate assets that were gotten through fraud or undue influence.
- This judicially created quasi-trusts make it so that the person who has ill-gotten assets has a duty to hold them and give them to the proper party.
- Do you know what you have to show the Court to be granted your request for aconstructive trust in West Palm Beach?
- Check out this new case out of Washington’s Court of Appeals to learn more.
In re Estate of Thornton
- This was a case involving a probate dispute in Washington State.
- Two adults were in a committed relationship and had mutual estate plans that the man’s son wished to upset.
- He claimed that the estate plan was brought about by fraud and undue influence on the part of his father’s long time live in girlfriend but the record showed his father thought he was a “bad seed” and that he had gotten all he was going to get out of his father’s estate.
- The son tried to get the non-probate assets back but they had already been distributed before the estate was probated so he asked the Court to institute a constructive trust over these assets.
- Are you concerned that by the time you get to probate court the assets will not be there anymore?
- You may want to consider requesting a constructive trust while litigating in West Palm Beach.
Want to learn more about constructive trusts in West Palm Beach?
Check out the entire case by clicking here.