Respected Estate Planning Specialist comments on recent Appeals decision
in Mulvey v. Stephens, stark reminder to carefully plan one’s estate with a
qualified attorney
Recent opinion of the 4th District Court of Appeal in a will contest
shows how protracted estate disputes can become and the resulting intra-family
strife. Careful estate planning can prevent many such issues.
Florida – Richard Ehrlich, a highly respected
Estate Planning attorney in Florida, commented on the recent decision of the
District Court of Appeal of Florida, Fourth District, in a dispute over a
gentleman’s estate.
Comments Mr. Ehrlich, “this case is a stark
reminder to carefully plan one’s estate to prevent, as much as humanly and
legally possible, subsequent disputes.”
In that case, Jack
Mulvey ("Decedent") died in 2011 with two surviving children and a
spouse (his second wife). He had executed a will in 2005, and a superseding
will in 2010 that gave most of the assets to his second wife, Thelma Mulvey
(“Widow”). The Decedent's daughter, Sheila Stephens ("Daughter"),
sued the Widow. The Daughter claimed the Widow exerted undue influence on the frail
Decedent and interfered with her expected inheritance. When the Decedent
died, the Daughter petitioned the probate court for administration of the 2005
will, while seeking invalidation of the 2010 will. She argued the 2010 will was
the product of the Widow's undue influence on the Decedent, and she alleged
that the Decedent lacked testamentary capacity when he executed the 2010 will. The
Daughter did not give up and filed a complaint in the circuit court for
tortious interference with expectancy. After a trial, the probate court found
the 2010 will was valid and not the product of undue influence. The Daughter then filed
a complaint in the circuit court for tortious interference with expectancy. The jury found in
favor of the Daughter and awarded her $60,000 in damages. The Widow appealed,
and the Appeals court reversed.
The end result of the case, seven years after
the Decedent’s death and after four legal proceedings, is the same as intended
by the 2010 will.
Says Mr. Ehrlich, “as this prolonged dispute
shows, estate matters can be complicated even when there is a written will. But
avoidance of protracted legal proceedings and intra-family strife requires
careful planning. In fact, estate planning involves several important
considerations, including tax consequences and whether certain assets should be
transferred before death.”
Among
the important considerations are “protecting beneficiaries” by giving the
assets in the form of a trust that cannot be easily depleted, or giving
consideration to special beneficiaries. As in this case, “blended families” (one
or both spouses have families from prior marriages) pose special challenges.
Estate
Planning requires competent legal advice based on the specific circumstances.
Such matters should be reviewed with a competent attorney.
The underlying legal case is Mulvey v.
Stephens, No. 4D17-1292 (June 27, 2018) (D. Court of Appeal of Florida, 4th
District), available at
https://scholar.google.com/scholar_case?case=5189932863824975788&hl=en&as_sdt=20000006
**** Mr. Richard Ehrlich is an Attorney in Florida, specializing in Corporate, Estate and Personal Financial Planning in Florida. In the course of his career, he has prepared hundreds of estate plans and helped hundreds of small businesses navigate the various issues involving insurance, retirement and employee retention. He has helped numerous families deal with the difficulties of taking care of elderly relatives and assisted with all of their long-term planning and long-term care needs. Finally, he has helped investors with their losses in unsuitable investments. LinkedIn Profile: https://www.linkedin.com/in/richard-ehrlich-777b513/; Attorney Profile: http://www.eldercounsel.com/profile/richard-ehrlich-ehrlich-law-center-pa/; Attorney Profile: https://solomonlawguild.com/richard-ehrlich%2C-esq; Attorney News: https://attorneygazette.com/richard-ehrlich%2C-esq#c35a1098-f039-43ab-b0dc-06cff6dabf61
