How Can I Contest a Will?
Video Summary
How can I contest a Will in Florida? Well, you have to hire a lawyer and you need to have grounds on which to contest the Will. You can’t contest it simply because you don’t like the provisions of it or you’ve been excluded. The primary grounds for contesting a Will is undue influence, or the person who is receiving the bulk of the estate has unduly influenced the person who’s making the Will. The other one is basis is that the person making the Will is incompetent and at the time they executed the Will, which is a very difficult standard to meet. So, you can test it. You need to hire a lawyer, and it’s very expensive. So, if you have any questions, give me a call at (727) 847-2288.
Is It Hard to Overturn a Will in Florida?
Video Summary
Is it hard to overturn a Will in Florida? The simple answer is yes. You have two primary grounds for overturning A Will is one is that the person was incompetent at the time they signed the Will. This is a very difficult case to prove since you have to show at the time they signed the Will, they were incompetent, not before or not after, and particularly if it was signed in a lawyer’s office. The lawyer is going to be the primary witness and so that’s very difficult to prove. The other basis for overturning a Will is undue influence where you have to prove that someone unduly influenced or influenced the person who made the Will to make it and exclude you from it or change the provisions of the Will a previous Will. So yes, it is difficult and expensive. If you have any questions, give me a call at (727) 847-2288.
Is It Safe to Do a DIY Will Services?
Video Summary
Is it safe to do a DIY Will service? I would say no, it is not safe, and the will has to be executed with a certain amount of formalities and there are certain aspects of will that you need to have the guidance of an attorney. And so, I would strongly recommend not trying to do a will by yourself because it may not be effective. And that’s the whole purpose of will is to avoid problems whenever you pass away. Strongly suggest you contact an attorney. It’s not that expensive as far as having a will prepared as well as other estate planning documents such as living Wills, healthcare, surrogates, which has a HIPAA waiver, and durable powers of attorney. See if I have any questions. Give me a call at (727) 847-2288.
- Published in Estate Planning, Videos, Wills
Can I Be Sued for My Inheritance?
Video Summary
Can I be sued for my inheritance? Once the Estate or Trust is distributed to you, well then in that event you can credit it’s your property and yes, they can sue you as far as that’s concerned. Of course, until such time as your inheritance is distributed to you, it’s going to be controlled by the provisions of a Trust that may have a provision that protects your assets or your inheritance. If you’re receiving it through a Will, they can possibly garnish that if any creditors are involved and you have debts involved, so depending on when you receive your inheritance is whether or not someone can sue you for the money that you inherit. If you have any questions, give me a call at (727) 847-2288.
What Can I Do If I Feel My Loved Ones Will Was Written Under Duress?
Video Summary
What can I do if I feel my loved one’s Will was written under duress? Well, you can file a Will contest provided that you are a heir or a child or an heir to the decedent or a beneficiary under a prior Will. You can file a Will contest asserting that the decedent who signed the Will was under duress and not it was in a weakened condition and taken advantage of, so it would be undue influence. As far as signing the Will, it’s difficult to do and to prove that Will contests are very expensive and so you need to really have medical records as far as that’s concerned, and probably a substantial amount of money involved in order to invest into a Will contest and to verify that you have standing. If you have any questions, please call me at (727) 847-2288.