Readers in Miami are likely aware of the importance of writing a will and limiting the changes that are made to it. There are times when people may want, or need, to update their wills at a later date, but if there is any question as to whether they are of sound mind when they do so, it could result in those changes being thrown out in favor of a previous version.
The dispute over one man’s estate involves a version of his will being withdrawn amid questions of its validity. According to reports, prior to the man’s death his youngest daughter tried to have his will changed. It was reported that she had claimed her father had told her to make the changes on his behalf because he was ill and could not make them or sign the updated will himself. It remains unknown to the public, and the man’s family, whether or not he had actually asked for the changes. The man’s daughter is reportedly being investigated for fraud because of her actions in regards to her father’s will.
The man’s oldest daughter, from another woman, purportedly has claimed that this was just one of many schemes by her half sister, with her mother and aunt, to take advantage of her father’s ailment and incapacity in order to get access to his assets. According to reports, she has filed a lawsuit against her sister to regain control of his estate.
Although there is no way to guarantee probate issues will not arise, one of the best ways to safeguard against them is to create a thorough and detailed estate plan. An attorney can help you to create a will, as well as address any other estate planning questions that you may have.
Source: Pittsburgh Post-Gazette, “Family feud over Swissvale estate gets ugly in court,” Jonathan D. Silver, Dec. 1, 2013