Juan C. Antunez, on his Florida Probate & Trust Litigation Blog writes about what happens when there is a conflict between a prenup and a revocable trust, by focusing on Wilson v. Wilson as Trustee of Paul C. Wilson Living Trust, — So.3d —-, 2019 WL 3808162 (Fla. 4th DCA August 14, 2019). His article begins as follows:
Prenuptial agreements get litigated all the time in probate proceedings. The challenge in these cases (as in all inheritance litigation) is to not let yourself get caught up in your client’s wishful thinking. Just because a certain outcome seems really unfair doesn’t mean your probate judge will (or should) rule in your favor. This may seem like an obvious point, but you’d be surprised how hard it can be to not fall into this trap in real life. This case is a prime example.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal..