There is no “usual” amount of time it takes to contest a will. Your case’s length will depend on how long it takes you to compile and analyze the evidence, whether or not you are able to agree to a compromise at mediation, and how long it takes the judge to review the case and render a decision.
You can always hire our Orlando wills, trusts, and probate lawyers to manage your case so you do not have to worry about handling everything on your own.
What Factors Affect How Long It Takes to Contest a Will?
How long it takes to contest a will varies depending on factors like the following:
- Availability of evidence: Can you easily put together a case file, or does your lawyer need to spend time requesting materials and chasing down leads?
- Strength and clarity of evidence: Is it immediately apparent that the will is invalid, or is there room for alternate interpretations?
- Whether or not mediation is successful: Can you meet with the other involved parties and work out your differences with the help of a professional mediator?
- Your case’s complexity: Does the judge need to consider a lot of “moving parts” and hear testimony from many different people?
- The court’s workload: Is there a long backlog of cases that could delay a hearing or ultimate decision?
While hiring an attorney does not guarantee that your case will move faster, we can prevent you from making mistakes—such as errors in filing paperwork or meeting deadlines—that could cause unnecessary delays.
To consult with an experienced wills lawyer today
(855) 780-9986
How Do You Know if You Can or Should Contest a Will?
There are two components to this question: can you legally contest a will, and should you take advantage of your right to contest a will?
The first part is a factual question with a straightforward answer. You are allowed to contest a will if:
- You have some sort of stake in the proceedings, such as if you are one of the deceased’s beneficiaries.
- You have a legally valid reason for taking action, such as if you suspect your loved one signed the will under duress or did not follow the correct legal procedure.
The second part is more subjective. Challenging a will is often a long, expensive, and emotionally distressing process. You will have to decide for yourself if you are able and willing to go through this process right after losing a loved one.
Our legal team can assess your situation and provide legal guidance so you feel more confident in your decision.
When Is Challenging a Will Unnecessary?
Even if there is something wrong with the will, you do not necessarily have to challenge it to protect your rights.
For example, you are not allowed to put a provision in your will directing creditors not to seize their assets to pay debts. The law also makes it difficult to disinherit one’s own children, so any provision that claims to do so could be thrown out.
If you are concerned about how such provisions might affect your rights, you do not have to be: they are unenforceable and should not affect your ability to recover your fair share of the estate.
Settling the estate of a recently deceased loved one is very challenging, and it is easy for someone in mourning to get confused and make a mistake. Our lawyers are here to provide a professional, neutral perspective on all probate matters.
What Happens After You Contest a Will?
If your challenge is successful, the deceased’s personal representative cannot use it as they finish settling the estate. They will instead have to:
- Follow a previous will, if the deceased had a legally valid will prior to filing the invalid will that you challenged
- Follow Florida’s intestate succession laws, if it is determined that the deceased left no valid will
Probate typically takes much longer when there is no valid will. Even if you successfully contest a will, you still have to go through the probate process before you receive anything from the deceased’s estate. While the personal representative is allowed to begin probate even before the challenge is settled, there will still be a lot to do once the matter is resolved, so be prepared to wait a while longer.
If the challenge is not successful and the court finds that the contested will is indeed valid, the deceased’s estate must be distributed according to the provisions in that will.
Can You Be Penalized for Contesting a Will?
Legally, no. You have the right to challenge a will if you genuinely believe it is invalid. Under state law, an individual cannot include any provision in their will that is aimed at punishing those who contest it; if they do include such a provision, it cannot be enforced.
That said, there is no guarantee that you will not experience personal or familial pain. Even if you are correct and the will is invalid, relatives or beneficiaries who disagree with your actions may be hurt and angry.
It is important to be aware of all potential consequences before you contest a will. Our lawyers can work with you to figure out the right way of handling this delicate situation. For example, mediation can allow the different parties to come together and work out a solution before tensions escalate beyond the point of no return.
We Can Help You Contest a Will, No Matter How Long it Takes
Bogin, Munns & Munns is committed to representing the people of Central Florida in even the toughest situations. We want to know about any concerns you have regarding your loved one’s will so we can estimate how long it may take to contest it and handle the matter as painlessly as possible. Call now for more information.
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