Will Contests and Disputes in Florida

You may or may not expect an inheritance from a relative.   However, many times, loved ones are surprised to learn about the contents of a family member’s will after that person’s death, usually as part of the probate administration.  There are several grounds on which a will can be challenged during a Florida probate proceeding, including undue influence, coercion, and fraud.

Of course, everyone can make estate plans and distribute their property as they please, however, if a will wasn’t prepared in accordance with the law, you may have a basis to challenge it. 

As you consider whether to challenge a will, you should know:

Time Limit – There is normally a deadline for contesting a will.  According to Florida law, after a Notice of Administration is received by a potential claimant, that claimant has only 90 days to file a formal lawsuit contesting the will.  If you receive a Petition for Administration by Formal Notice, this time frame is shortened to only 20 days.

Evidence – to prove your case, you need supporting documentation, witnesses, and other evidence to convince the probate court of your right to inherit.

Who Can Challenge – People who can challenge a will include

• Beneficiaries – people named in this will or in prior versions of the decedent’s will.
• Heirs-at-law – Individuals who may have been eligible to inherit the estate due to intestacy laws (these persons may or may not be named in the will).
• Guardians  – Minors must normally have a guardian to contest a will.

Estate Assets or Not – Assets that are not part of the Estate will generally not be affected by a will or a will contest.  In certain cases, you and your attorney must evaluate whether transfers or other arrangements were proper to decide if certain assets should still be in the decedent’s estate.

As you consider your options, a will contest attorney can help guide you through the complex probate process.  If you need help contesting a will in the state of Florida, please contact William McKinley Law, P.A. to discuss your legal concerns and answer your questions.