Can a Surviving Spouse Who Waived Their Inheritance Rights in a Florida Estate Still Contest the Deceased Spouse’s Will?

Our Tampa estate litigation attorneys at Bleakley Bavol Denman & Grace often represent people involved in will contests. One thing we often advise clients in such cases, however, is that not anyone is allowed to challenge a will. Under Florida law, you must be an “interested person” in the estate. Generally, this means a person who would inherit under the will, or if the will is found invalid, someone who would inherit under Florida’s law of intestate succession. It can also include creditors who have a claim against the estate.

Florida Courts Rebuff Will Challenge From Colombian Widow

Even someone who would normally be considered an interested person in a probate estate may lack standing to contest a will if they previously agreed to waive their inheritance rights. This often comes up in the context of spouses who sign a prenuptial or postnuptial agreement waiving such rights. Of course, a surviving spouse who does sign such an agreement can still try and argue they did not effectively waive their legal rights in their deceased spouse’s estate.

The Florida Third District Court of Appeals recently addressed this issue in an unusually complicated case. In De Holguin v. In Re Lourido, the deceased was a Colombian citizen who died while residing in that country. The deceased left a substantial estate here in Florida, along with a 2019 will disposing of his property in this state.

The decedent passed away not long after signing his 2019 Florida will. At the time he was married to his second wife. The circumstances of this marriage were what made this case unusual. The parties first attempted to marry in 1984, but that marriage was invalid because both of them were still married to other people.

The next year, 1985, they tried to marry again. During probate proceedings, the second wife claimed this marriage was valid and remained so until her husband’s death in 1999. But his children (from the prior marriage) presented evidence that their father did not obtain a final Colombian divorce from his first wife until 1997.

The parties did finally successfully marry on their third attempt in 1999. Just before this marriage, which took place in New York, the deceased and his second wife signed a prenuptial agreement. As relevant here, the agreement released each party’s claims in the “property or estate of the other,” regardless of its location. And just before the husband’s death, the parties signed a separate agreement containing a similar release.

As a result of these releases, the Florida probate court held the second wife lacked standing to contest his Florida will. The Third District affirmed that decision. The wife’s key argument on appeal was that she maintained the prenuptial agreement was actually signed after the couple was legally married, and that Colombia does not recognize postnuptial agreements as valid contracts. The Third District said the evidence showed the agreement was signed before their third and legal wedding so it was a valid waiver of the second wife’s right to contest the will.

Contact a Tampa Estate Litigation Attorney Today

Contesting a will can significantly complicate the timely administration of a Florida probate estate. That is why it is important to work with an experienced Tampa estate litigation attorney if you are involved in such a dispute. Contact Bleakley Bavol Denman & Grace today to schedule a consultation with a member of our litigation team.

Source:

scholar.google.com/scholar_case?case=6872751857704477889