Reminder: Plan Your Estate

Recent Court Decision is a Reminder to Carefully Plan Your Estate

The case involved a widow (the second wife) and the children form the first marriage.  The decedent had executed a Will in 2005 and another Will in 2010 that gave most of the assets to his second wife.

The daughter sued the widow claiming she had exerted “undue influence” on the frail father and thus interfered with the daughter’s expected inheritance under the first Will.  The daughter asked the Florida Probate Court to invalidate the 2010 Will and distribute assets to the children based on the 2005 Will.

After winding through the Courts, a Florida appellate court found in favor of the widow and probated the 2010 Will.  The case was in court for 7 years!

As this prolonged dispute shows, estate matters can be complicated even when there is a written Will.  Estate Planning involves several important considerations; “blended families” pose special challenges. Competent legal advice is based upon the specific circumstances.

Questions? The Law Office of Debra Simms is here to help. Call us today 386.256.4882

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
646 N Dixie Fwy
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667