Rubin on Probate Litigation

Jeff Baskies and I recently wrote about the Aldrich v. Bastile decision for Leimberg and the Wealth Strategies Journal.  Check it out: Baskies and Rubin: Do It Yourself Will Does It Again

Estate of Maher v. Iglikova , -- So.2d -- (Fla. 3d DCA 2014), 2014 WL 1386660 This case centered around whether a minor child was a pretermitted child of the decedent. The decedent had two children during his lifetime, but he did not become aware of the existence of his second child until that child was approximately three years old (after he executed his last will).  After becoming aware of the child's existence, the paternity of that child was confirmed.  Once paternity was established, the decedent began making child support payments and continued to make those payments until his death. Upon his death, the child's mother filed her Petition to Determine Status as Pretermitted Child, Challenge Construction of Will and Determine Beneficiaries.  The mother of the decedent's other child filed a motion for summary judgment, arguing that the child was not a pretermitted child under F.S. 732.702 because (1) the child was not omitted from the will since she would t...