Video Summary

Who can contest a Will in Florida? Well, usually it is any of the children of the decedent contest a Will and or if you’re a beneficiary that was included in one Will and a subsequent Will disinherited you or took you out, then you’re in a position to have standing in order to bring an action to contest the existing Will. The two basis for the primary two basis for contesting Will is one is the incapacity of the person when they made the Will. This is very difficult standard to reach and that you have to have medical records to show on the date that they executed the Will. They were not in the right mind. And in fact, there’s a case that says even someone that’s insane can have a Will, even though in a lucid moment the primary way to attack a Will is through alleging undue influence by the recipient of most of the benefits of the Will or where you were excluded from the will as a beneficiary. And so you have to show that that person unduly influenced the test state in order to have it set aside and the prior will reinstated or have it set aside and the assets passed to the heirs under the laws of the state of Florida called in test state. So, if you have any questions, you can call me at (727) 847-2288.

Video Summary
How long do I have to contest a Will? In Florida you have, I believe it’s four months from the date, the receipt of the notice of administration, I believe it’s for, it may be three months, but you have to file if you’re given that notice, even before the Will is admitted to probate. If you’ve given the notice before it’s admitted to probate, the time period is much shorter. It is either 20 or 30 days to contest the Will, so it’s all triggered by when you first received the notice. That as far as the will being admitted to probate or if it has been admitted to probate the notice of administration. If you have any questions, give me a call at (727) 847-2288.

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.

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.