PROBATE OF ESTATE

PROBATE, ESTATES & TRUSTS Specialist

PROBATE OF ESTATE CONTESTS

Case involved the interpretation of terms of trust. The intent of the testator was disputed as to what the allocation and distribution among four sibling beneficiaries was to be. After one day mediation, case settled.

Decedent’s significant other files petition for probate of a Will naming her as sole beneficiary. Son opposed her petition and claims it was a forgery. Expert handwriting witnesses were called by both sides. Petitioner asserted that son was estranged from his father and had no contact with him for years. His father had established a long term relationship with the petitioner and they lived in house together.

Private fiduciary filed a petition for probate of a Will. The primary beneficiary of the multimillion dollar estate was a non-profit corporation which would have housed and displayed her art collection. If her non-profit corporation was found to be invalid, the contingent beneficiary was a private University. The son who was not named in the Will as a beneficiary, alleged that his eccentric artist mother created multiple estate documents that were inconsistent with each other and unenforceable. University claimed that the first trust was revocable and her amendments to the trust naming the non-profit and the University as contingent beneficiary were valid. However, the University alleged that the non-profit corporation was not validly formed or maintained. Son also asserted that his mother’s first trust was made irrevocable and that her amended trust naming the non-profit corporation and the University as a contingent beneficiary was not enforceable.

Son filed a petition for probate of his mother’s estate. There were multiple real properties. Only one of the properties was being contested. Mother’s original Will was drafted by an attorney. The single property being disputed was formally owned by mother’s deceased son. The deceased son was an attorney involved in a nationally well known criminal case. Mother obtained the subject property through the probate of her deceased son. Mother created a new holographic Will and bequeathed the property to her decedent son’s ex significant other who took care of her son and had an ongoing relationship. Surviving son claimed undue influence by brother’s significant other regarding the mother’s holographic Will. Son asserted that probate proceedings had already commenced and that it was too late to contest the original Will of the mother which had a different disposition of the subject property.

Petitioner filed a Florida probate and an ancillary Probate 850 action in California. Petitioner claimed that his father’s California business property was his. Petitioner claimed he and his father operated a business wherein his father sold the business real property to him. Petitioner claimed in exchange for refinancing the father’s property based upon the son’s credit, father agreed to sell the property to him for the remaining debt on the property. Father’s note was becoming due and the bank refused to extend any further credit to the father. Decedent’s daughters claimed that the father did not agree to sell the property to his son, and that his son was simply helping his dad with the refinance. Daughter’s claimed that their brother got a sweetheart lease from his father wherein the brother subleased and profited from and that there was no real sale to their brother.

Brother filed petition to remove sister as administrator alleging breach of fiduciary duty, waste, misappropriation of estate funds, mismanagement involving multiple real properties, and surcharge for damages to the estate and attorneys fees.

Will Contest. Decedent was an attorney and CPA. He was single and left no relatives except his cousins. Decedent’s Will was discovered in the refrigerator. Cousins filed a Will contest against decedent’s friend who was one of the primary beneficiaries of the Will. Cousins claimed that the Will was forged, lacked proper execution, and friend should be disqualified as transferee. Expert handwriting witnesses were called by both sides along with witnesses to the Will and decedent’s relatives and friends.

Attack on former Probate distribution order. Petitioner collaterally attacked a former probate order disposing of a real property. Petitioner claimed that the decedent named on the former probate petition, never existed. Petitioner claimed that the real decedent was a real estate broker and engaged in questionable acquisition of properties placing ambiguous names on properties. Petitioner alleged that the real estate broker’s alleged spouse was a fraud as there was no valid marriage. As the previous probate distribution order was fraudulently obtained and there was no death of the person named on the petition, Petitioner asserted the court lacked jurisdiction and accordingly, the distribution order was void ab initio. The petitioner asserted that he was in possession of the real property and entitled to it through adverse possession.