Q: Hi my Dad had a will done in 2009 excluding all heirs, after divorcing I took him to revoke the will. We then went to
the clerks office in 9/2013 and he put his property in my name prior to open heart surgery after he i quit claimed his property back to him in 7/2015. We loaned him 70 k in 4/2013 to buy ex wife out of divorce he took a reverse mortgage on his property to pay us back. he passed away in 2022 now the estranged family wants to b considered equal heirs. He also was in bankruptcy court in 2013 so all the assets he has now are from the assistance of us. Are the heirs to be considered equal? Can the revoked will and deeds hold any wight with the probate courts. Thank U for you Time..God Bless Happy New Year.
A:
Yes, if they are motivated to try to fight this and make this messy it is possible that they can try to fight this based on claims of undue influence and or similar claims. I am not sure how much luck they will have for a few reasons, there is a divorce which ends the relationship related to the Will/Estate Planning/Probate unless a subsequent estate plan and will was drafted after divorce. In addition, if a stepchild is not mentioned in a Will/Estate Plan or is adopted, then they will not have rights. See below;
PROBATE CODE: GENERAL PROVISIONS
Florida Statute 731.201
3) “Child” includes a person entitled to take as a child under this code by intestate succession from the parent whose relationship is involved, and excludes any person who is only a stepchild, a foster child, a grandchild, or a more remote descendant.
I would assess that they have an uphill battle in this matter, but they can try to make claims surely as it happens all the time in probate cases.
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