Estate Wars Over Artwork & Family Heirlooms

Q: Is it worth the fight?

Here are some points to consider if you are engaged in an estate battle over antiques, artwork or personal property. From Palm Beach to Ft. Lauderdale, Delray Beach to Boynton Beach, our probate litigation firm sees family members fighting over estate property.

Need to divvy up that $5 Million trust or that $2 Million real estate portfolio? No problem?

Deciding who gets the silverware, the photographs, lamps and artwork?……. enter the Palm Beach probate litigation law firms !

1. Read, and re-read, the will. 99% of them tell you who gets what.

2. Read the revocable trust document to see if it mentions who gets the artwork, family heirlooms and antiques. Some Palm Beachers transfer or assign their valuable to the trustee of their living trust. So then you deal with the Palm Beach trustee, not the estate’s personal representative.

3. Cozy up the executor— what we call in Palm Beach the “personal representative.” Many times, a will will give the Palm Beach personal representative discretion or authority to distribute – or not distribute – property to you, family members and heirs at law.

4. You can barter. If you want something which your mom or dad didn’t leave to you, ask for it. You may be able to trade something which you inherited that you don’t want or that someone else would like. Communicate. But talk to a tax lawyer first to figure out the federal income tax or gift tax implications, if any.

5. Assess value. How much are those photographs and lamps really worth? While sentimental value may be very high in some instances, be careful it doesn’t get too pricey: after all, Palm Beach probate litigators can charge $400-$550 an hour.