You may have been one of many who binge-watched Netflix’s Tiger King during the stay-at-home phase of the COVID-19 pandemic. If so, you are very familiar with Carole Baskin, founder of Big Cat Rescue, a non-profit animal sanctuary in Florida.
The documentary Tiger King focuses on Joseph Schreibvogel, who is now incarcerated after being convicted of a murder-for-hire plot against Ms. Baskin. One of the many issues raised by Mr. Schreibvogel in his obsessed criticism of Ms. Baskin was the disappearance of Ms. Baskin’s late husband, Don Lewis.
The Will in Question
Prior to his disappearance in 1997, Mr. Lewis purportedly executed a Will in which he disinherited his children and left everything to his wife, Ms. Baskin. Ms. Baskin inherited a fortune as a result.
Recently, a Florida Sheriff concluded that the Last Will and Testament produced by Ms. Baskin was, in fact, a forgery. However, the statute of limitations had expired and therefore criminal charges could not be brought against Ms. Baskin.
What This Case Teaches Us
The over-the-top and outlandish circumstances surrounding Mr. Schreibvogel and Ms. Baskin are by no means common, but the issue of forged and/or fraudulent estate planning documents is more common than many realize.
Grounds for Challenging a Will in Maryland
If you suspect a Will may be invalid, Maryland law allows challenges based on:
- Forgery - The signature is not authentic
- Fraud - The testator was deceived about the document’s contents
- Undue influence - Someone coerced the testator into signing
- Lack of capacity - The testator didn’t understand what they were signing
- Improper execution - The Will wasn’t signed or witnessed correctly
Time Limits Matter
In Maryland, there are specific time periods in which someone can challenge the validity of a Will and/or pursue criminal charges for someone stealing, destroying, or changing a Will. Delay in raising your concerns could result in the inability to do anything about it.
The general rule is that a Will contest must be filed within a limited time after the Will is admitted to probate. Missing this deadline can permanently bar your claim, no matter how legitimate your concerns.
Protecting Your Own Estate Plan
You can also take steps to protect your own estate plan from being successfully challenged in court:
- Work with an experienced attorney who follows proper procedures
- Include a self-proving affidavit with your Will
- Consider video recording the signing ceremony
- Keep detailed records of your mental capacity
- Update documents regularly with proper documentation
- Store originals securely and inform your executor of their location
We Can Help
If you have questions about how to challenge a Will, or if you would like to protect your own estate plan from being challenged in court, Leffler, Bayoumi & Oliver can help. Our attorneys handle estate litigation matters throughout Maryland.
Contact us to schedule a consultation, or call 410-740-1180.
Source: Rollingstone.com, “Experts Say Carole Baskin’s Missing Husband’s Will Likely Forged,” Daniel Kreps, June 3, 2020
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.