St. Petersburg Will Contest Attorney
Disappointed heirs often wonder if they can challenge a will, especially after a parent leaves them much less than expected, or nothing at all. Contact Fisher & Wilsey, P.A. to discuss whether you have any legal recourse. One option is to challenge the will on various grounds, such as improper execution or the testator’s lack of capacity. We are happy to discuss what evidence you will need and offer an overview of the process. Call to speak with a St. Petersburg contested will attorney with our firm.
Reasons to Contest a Will
Judges are not in the habit of second guessing the choices a person made in a will. To bring a successful contest, disappointed heirs must come forward with a reason for why the will is invalid.
At the outset, realize that a parent can disinherit a child. So simply being written out of a will is not a strong reason to challenge it. Instead, most will contests are based on:
- Improper execution. Florida law lays out detailed requirements for how to create a valid will. These requirements touch on such issues as how the testator signs and the required witnesses.
- Lack of capacity. The person creating the will must have had the capacity to do so. Essentially, they needed to understand what they owned and that they were creating a will. The testator could have had dementia or another medical condition which might render the will invalid.
- Undue influence. A testator must create their will freely. Some people, especially the elderly, are coerced by a caretaker into changing their will to benefit them.
- Any will procured by fraudulent means is invalid. For example, a testator might have thought they were signing over their used car when, in fact, they were signing a will prepared by a caregiver.
Bringing a Will Contest the Right Way
Will contests are not easy to win. First, you must file a contest within the deadline, which is 90 days. After the probate court accepts a will, the estate’s personal representative will serve a Notice of Administration on all interested parties.
Second, challenging the will might not be in your best interest. There is no guarantee you will receive more of the estate if the judge sets aside the will. Instead, you might receive less, especially after deducting attorneys’ fees and costs or if a different will goes into effect. You should thoroughly research whether this is the right move.
Third, anyone challenging a will has the burden of proving why it should be set aside. A bald accusation of coercion or fraud is insufficient. Hiring an experienced attorney early in the process can help with documenting all the reasons why the court should not accept the will.
Contact Us to Speak with an Experienced Attorney
Fisher & Wilsey, P.A. has provided probate and will contest services for decades. A St. Petersburg will contest attorney can listen to you describe your situation and help you understand the best move to make next. Call us to speak with our team.
