• 14
  • July
    2011

Ask any Florida estate planning lawyer, and they will tell you that a significant percentage of will contests arise not from genuine questions about technical errors in estate planning documents, but from hard feelings that exist between potential heirs. Most of the time, those hard feelings pre-date the issue of inheritance. In other words, there are many people who feel slighted or cheated by their family members at some time in their lives, and the underlying resentments come forward in inheritance issues. People who feel hurt want justice, and they may be expecting it or hoping for it in an inheritance. If they feel they don't get that justice in a decedent's will, they are inclined to fight for what they believe they deserve.

One recent example of this in the news was the story of a board member of the White Sox major league baseball team. This gentleman had collected an impressive number of autographed baseballs, including balls autographed by Babe Ruth, Lou Gehrig and Roberto Clemente.

The man made a common mistake: he gave verbal instructions about who should get the baseballs, but did not include them in writing in his will.

The man had two sons. The elder son claims that he was told by his father that he would inherit the baseballs. He took matters into his own hands, and removed some of the baseballs from the family home. He then sued his younger brother, claiming the brother was harassing him over the removed baseballs. The younger brother called the police and had the elder brother arrested for burglary.

Since then, there has been talk within the family that the lawsuits and criminal complaints should be dropped. The dispute is a useful example, though, to people making an estate plan: it is the emotional items that family members are likely to fight over. Specific instructions in writing can help prevent a painful will contest.

Source: Chicago Tribune "Fight over autographed baseballs leaves Pogofsky family battered" 7/5/2011