A Litigator At Your Side During Will Contests

When your loved one passed away, you were probably unprepared for the conflict your family was about to face. Unfortunately, family disputes occur all too often due to varying interpretations of a will. If your family has become divided and a lawsuit seems inevitable, make sure you have an experienced lawyer in your corner. Our attorney at The Law Office of Nicole C. Morris, P.A., has over 25 years of combined experience handling estate and trust disputes throughout South Florida.

What Are The Grounds For Contesting A Will In Florida?

A will can usually be contested by beneficiaries or anyone that the will would directly affect. Some of the allegations that can be brought against a will include:

Undue influence

In Florida, undue influence is said to occur when someone’s free will is overcome by another party’s coercion, manipulation or force. This is especially common in cases involving a dependent or incapacitated adult who is being pressured by a caregiver, adviser or family member to change their will. The three main elements of undue influence are:

• That the person and the influencer had a confidential relationship
• That the influencer was trusted and relied on by the person
• That the influencer actively procured the document(s) in question

All too often, people prey on vulnerable adults to try exploiting their finances. Our lawyer is prepared to prove undue influence was used to take advantage of your loved one’s inheritance intentions.

Lack of mental capacity

As people age, they often suffer from Alzheimer’s, dementia, Parkinson’s disease and other illnesses threatening their mental capacity. The validity of your loved one’s will could be called into question if you believe it was written when he or she lacked the capacity to make sound decisions.

Forgery

In order for a will to be valid, it must have a proper signature. If you believe someone forged your loved one’s signature, this is a form of fraud. Our lawyer can work with handwriting experts to prove the terms of the will are invalid based on forgery concerns.

How Long Do You Have To Contest A Will In Florida?

You have just 90 days to contest a will in Florida in most cases. The 90 days starts from when you receive the Notice of Administration, which is sent by the personal representative of the estate. The notice states that probate has been opened on the estate. It will also note the statute of limitations for filing an undue influence claim.

There are some circumstances that lead to a short deadline of only 20 days. In these instances, you will be served with a Petition for Administration prior to the will being admitted to probate. You should act right away if you receive this petition.

After the conclusion of probate, your chances of contesting the will are very slight. In some cases, it is not possible to contest the will at this point. Taking immediate action on a will contest is the prudent way to proceed.

The only people who may contest a will are those with legal standing, which are typically beneficiaries and heirs. These are people who will either benefit or lose from probating the will.

Experienced Representation Is Paramount – Contact Us Today

A contested will can be emotionally complicated and labor-intensive. You can feel confident knowing we will take swift action to protect your best interests. Contact us online or call 561-659-7790 to schedule a consultation.

We are located in Palm Beach Gardens. We work with clients who have probate and will issues in Florida.