Richard Ehrlich, Attorney at Law, Florida

Friday, July 13, 2018

Richard Ehrlich, Estate Planning Specialist comments on recent Appeals decision in Mulvey v. Stephens, stark reminder to carefully plan one’s estate with a qualified attorney

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, 4^th District), available at https://scholar.google.com/scholar_case?case=5189932863824975788&hl=en&as_sdt=20000006

The Website of Mr. Ehrlich is http://ehrlichlaw.us.

His LinkedIn profile is at https://www.linkedin.com/in/richard-ehrlich-777b513/

His attorney profile is at http://www.eldercounsel.com/profile/richard-ehrlich-ehrlichlaw-

center-pa/

His blog is at http://richardehrlichblog.blogspot.com/

Attorney profile: https://solomonlawguild.com/richard-ehrlich%2C-esq

News: https://attorneygazette.com/richard-ehrlich%2C-esq#c35a1098-f039-43ab-b0dc-06cff6dabf61

Richard Ehrlich, In light of legal developments that affect estate planning, including tax and probate law changes, a web blog provides general information on these subjects.

In light of legal developments that affect estate planning, including tax and probate law changes, a web blog provides general information on these subjects.

Coral Springs, FL (July 2018) Richard Ehrlich, the Principal Attorney at Ehrlich Law Center, has announced that he is launching a blog http://richardehrlichblog.blogspot.com/ to report and comment on legal developments in the areas of Estate Planning, Estate Administration, Probate and Small Business Planning. Mr. Ehrlich is a specialist in Corporate, Estate and Personal Financial Planning who has prepared hundreds of estate plans and helped hundreds of small businesses navigate the various issues throughout his career.

Mr. Ehrlich speaking on his thirty-two years of experience: “Most of my clients have difficult Estate issues, and I work tirelessly for the needs of my clients; I do all of this with the highest ethical standards.” Richard went on to add “Now, with the recent probate law changes, I felt that by starting a blog and sharing my knowledge and experience on these important issues, I could help families that were in need.”

For example, there have been the 2017 changes in elective shares (“An elective share is a term … relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It may also be called a Widow’s Share, Statutory Share, Election Against the Will, or Forced Share,” Wikipedia https://en.wikipedia.org/wiki/Elective_share). This is quite an important matter. Previously, homestead property was specifically excluded from an elective estate. With this change, homestead property is expressly included in an elective estate (except if the surviving spouse has waived his or her homestead rights).

As another example, in May 2018, the IRS released Revenue Procedure 2018-30 that provides for dollar limitations for Health Savings Accounts (HSAs) in 2019, and, they are subject to annual contribution limits. Participants aged fifty-five (55) or older can contribute additional “catch-up” amounts. For 2019, the maximum contribution amounts will increase to $3,500 for an individual (the “catch-up” limit remains at $1,000).

Mr. Ehrlich’s practice focuses upon several primary areas which include Wills, Trusts and Probate, and Securities Arbitration. He particularly concentrates upon Probate, Wills and Living Wills, Contracts and Agreements, Estate Planning and Trusts.

Mr. Ehrlich intends to provide general information on such legal developments in writing this blog. However, such general information cannot be a substitute for individualized legal advice based on specific circumstances. Thus, for specific cases, one should still seek legal advice from an attorney.

About Mr. Richard Ehrlich, Attorney at Law

Richard attended the University of Chicago and received his B.A. in Political Science. Richard received his Juris Doctor from the Washington University School of Law in St. Louis. Subsequently, in 1991, Richard completed the training requirements to become a Certified Financial Planner which was granted by New York University. Aside from enjoying time with his family, Mr. Ehrlich’s personal interests including running marathons and collecting wine.