Mental Capacity in Florida Probate

Our office recently offered a brief article discussing some of the facts we currently know about the Sergio and Tatiana Pino case. While our last article briefly discussed some of the facts and questions surrounding Florida joint tenancy, this article will further discuss some of the claims and challenges currently in play in the case. Namely, we will be primarily discussing Tatiana Pino and her legal team’s claim that Mr. Pino’s most recent will is invalid. They allege this to be the case because Mr. Pino was allegedly in the midst of an “insane delusion” and lacked the capacity to create a valid will when the document was signed.

The Case of Sergio Pino

For those still unfamiliar with the case, a quick summary: Mr. Sergio Pino, a multi-millionaire “Century” developer in South Florida, recently committed suicide. His suicide came after allegations that he played a prominent role in the center of a murder-for hire plot, the victim being his soon to be ex-wife, Tatiana. He actually signed his most recent last will and testament on the same day that arrests were made in relation to the alleged murder for hire plot. The indictment and complaints detail claims that Mr. Pino allegedly directed the murder of his wife before their divorce could be finalized and the estate divided between them. Mr. Pino’s suicide ends his part in the case that has been built against him by both federal prosecutors and the FBI. However, several additional individuals have been arrested and will presumably stand trial and face the consequences for whatever role they might have played in the alleged murder for hire plot. Mr. Pino denied that he had any involvement.

Regardless of how the criminal proceedings play out, the alleged criminal activity may have a defining role in various aspects of the probate battle currently taking place between Tatiana Pino – both the former wife and intended victim of the alleged murder-for-hire-scheme – and Mr. Pino’s brother. The late Mr. Pino named his brother, Carlos, as representative of his estate in the most recent last will and testament. The will granted the brother the power to retain and/or sell all or any part of his property. The beneficiaries of the will are Mr. Pino’s four children. Mr. Pino’s wife of 32 years, Tatiana, was not included as a beneficiary.

Insane Delusion

It was Sergio’s insistent denials of being part of the alleged murder for hire plot that Tatiana and her legal team are focused on. Tatiana’s side state that the denials reveal that Mr. Pino suffered from an “insane delusion” resulting from a “diseased condition of mind” when he signed his latest last will and testament. As such, Tatiana’s team argue, the latest last will and testament  plot that Tatiana’s lawyers say reveals an “insane delusion” resulting from a “diseased condition of mind.” Tatiana’s team argues that this amounts to a lack of capacity and would render the will he signed in March invalid.

Lack of Mental Capacity

If an individual lacks the mental capacity to execute a last will and testament at the time it is signed, the document is not valid. However, one must prove that the individual did, in fact, lack such capacity.

The probate court will presume that a testator was of sound mind when they created their will, so the burden of proof in lack of capacity proceedings will be on the person contesting the will. It is a difficult item to prove, sound legal analysis of individual cases is wise.

Contact Suncoast Civil Law

The Sarasota wills & probate lawyers at Suncoast Civil Law can help you ensure that you build an estate plan that will stand firm against any potential future challenges. We can also advise clients seeking to bring a case to probate court. Contact our office to see how our team can get to work for you.

Sources:

law.com/dailybusinessreview/2024/09/09/battle-over-sergio-pinos-empire-has-begun-and-its-going-to-be-a-mess/?slreturn=20240813205901

miamiherald.com/news/local/community/miami-dade/article291117740.html