You can challenge a will if you are what Florida law describes as an “interested person,” which can be a beneficiary, a disinherited former beneficiary, the deceased’s personal representative, or a creditor.
It is a good idea to get legal counsel as soon as possible so you can find out what legal grounds you have to justify a challenge. An Orlando wills, trusts, and probate lawyer from our firm can review both the will and the circumstances surrounding its creation and submission to determine how you can move forward with your challenge.
When Do You Have the Right to Contest a Will?
Florida law states that only people with a personal interest or stake in the proceedings have the right to contest a will. To do so, they must prove that at least one of the following is true:
- The will was not signed and/or witnessed properly
- Someone pressured the deceased into making or changing the will
- Someone manipulated or lied to the deceased to get them to change or sign the will
- The deceased was not capable of understanding what they were doing at the time they drafted and signed the will
You must have valid legal grounds to contest a will. Not getting an asset you wanted or disliking the other beneficiaries is not a legally valid reason to pursue a challenge.
Settling someone’s estate is a very emotionally fraught process, especially if there is doubt or disagreement over what the deceased truly wanted or how to honor their wishes. Challenging a will is not a step that should be taken lightly, but if it is a necessary step forward in your case, our attorneys can help you do so.
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What Laws Can You Use to Contest a Will?
That depends on what grounds you are using. For example, if you plan to argue that the will was not signed or witnessed properly, we would refer to Florida Statutes § 732.502, which explains how a will must be executed in order to be considered valid.
It is also important to recognize that the state’s inheritance laws prioritize the deceased’s spouse and make it difficult to disinherit children. If you are the deceased’s spouse or child (biological or adopted), we may be able to use these laws to reassert your right to a portion or all of the deceased’s estate.
What Is the Process for Challenging a Will?
You must follow these steps to ensure your challenge is heard rather than thrown out on a technicality:
Inform the Court That You Are Contesting the Will
You will have to file a petition with the court that has jurisdiction over the case, which is usually the probate court in the county where the deceased lived. If you are unsure of which court to send your petition to or how to craft the petition, our law firm can help.
Collect Evidence to Prove the Will Is Invalid
For example, if your argument is that the deceased was not of sound mind, we can examine their medical records for any relevant diagnoses (e.g., Alzheimer’s disease) and talk to people who were close to them. Personal testimony can also be helpful in cases of alleged fraud or undue influence.
If the deceased left behind other legal documents, such as a prior will, we can compare these documents to the allegedly invalid will and look for signs that the current will should be disregarded.
Enter Mediation With Other Interested Parties
It is sometimes possible to reach a negotiated agreement with the other beneficiaries or interested parties without going to court. This can benefit everyone because mediation does not take as long as a hearing, so reaching an agreement this way would allow everyone to get their share of the estate more quickly.
Challenge the Will in Court
If it is not possible to reach an agreement, we can prepare your case for a hearing. The judge will only agree to reject or overturn a will if you have solid evidence to prove it is not valid. We can present the strongest possible case on your behalf and fight to discredit any evidence other parties may use to try to “prove” the will is legal.
What Happens if You Successfully Challenge a Will?
If the judge agrees with you that the will is invalid, they might rule that a previous will is the “true” will. The deceased’s estate should then be settled based on the provisions in that will, and the will you successfully contested should be disregarded.
If no valid will is found, then the judge will rule that the deceased died intestate. This means their assets will be divided according to Florida law.
Dying intestate also means that probate (the process of distributing the deceased’s assets) will likely take much longer than it would have with a will. This can be frustrating and distressing for families. We recommend that you consult with an attorney to ensure your rights are protected throughout the probate process. We can:
- Represent you in all matters pertaining to wills, trusts, or probate
- Help you distribute assets and ensure outstanding debts are paid, if you are the deceased’s personal representative
- Ensure your rights are protected throughout the process so you get the inheritance you are entitled to
A successful challenge is just the beginning when it comes to settling your loved one’s estate. Make sure you have the support you deserve, including legal support, as you navigate this process.
Our Lawyers Can Help You Challenge an Invalid Will
The lawyers at Bogin, Munns & Munns have hundreds of years of combined experience in helping people throughout Central Florida. We can handle even the most complex cases, including those that require us to determine who can challenge a will and under what circumstances. Call now to learn more about your rights in this situation.
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