Contesting a Florida Will

You only have a limited time for contesting a Florida will. Blow the deadline and it’s over. MOST of the time ! If you want to object to probate or are involved in a will contest, read on. If you are considering hiring an experienced probate litigation law firm on a contingency fee, you can read more by clicking HERE.

Will Contests in Florida — what is it?

A will contest is an objection raised against the validity of a will. If you believe that a will is invalid, you can hire a Florida estate litigator to contest the will on your behalf. Will contest lawsuits take place in probate courts in front of a probate judge. In order to determine whether you have a strong will contest case, you should consult with an experienced probate litigation lawyer.

One question she will ask you is : why do you believe the will is not valid? Or, put another way. What is the legal or factual basis to object and overturn the will ? If the will-signer was not of SOUND MIND, the will is not valid. Same is true if the will was caused by fraud or duress.

Hiring a Litigator for Contesting the Florida Will

A will contest is a trial! Would you hire a foot doctor to do brain surgery? No!

So, is your lawyer comfortable calling witnesses, raising objections and discussing evidence in the courtroom? Will he or she even take your case to trial? Or do they just settle everything?

These are only some of the issues that prospective clients need to consider when hiring someone for contesting the Florida will.

Probate lawyers and trust attorneys know that, to contest a will or trust in West Palm Beach, you first want to make sure that you have a strong legal team representing you. The probate attorney that you choose should have years of experience. In addition, make sure to choose a probate lawyer with plenty of TRIAL experience. Many Florida probate lawyers do not litigate or go to trials. Instead, they focus primarily on writing wills and trusts or administering them.

Reasons to Contest

At Pankauski Lazarus PLLC, we are frequently hired to contest wills and Palm Beach trusts. You may be able to contest a will or trust if the testator, or the person who wrote the will, wrote it when they did not have testamentary capacity. For example, if a testator had Alzheimer’s or dementia when he or she signed the will, you may be able to get the will thrown out in court.

You can also contest a Florida will or trust if the testator was unduly influenced. Our Florida Probate Litigation Firm encounters many cases involving undue influence and/or financial exploitation of the elderly. Frequently, we get calls after a caretaker, friend, neighbor or even family member takes advantage of an elderly person and coerces the elderly person to change his or her Florida estate plan. You can also contest a will in Florida if it was not properly executed. For example, you can contest a Palm Beach will that was not properly signed by the testator.

Fees & Costs

If you’re going to challenge a Florida will, object to a Florida will, or file a Florida will contest, you should consider the money that is at stake.

First, consider how much is in controversy. What are your damages? What are you fighting over?

If you believe that $2000 was stolen, it may not be worth contesting because your legal fees will probably exceed the recovery. However, if a house worth $500,000 was fraudulently deeded to someone, maybe that’s worth it to you. Probate litigators know that it is also important to consider what you’re going to pay to your probate attorneys and estate litigators. In addition, you should consider the costs, such as filing costs, that are involved because there will be costs beyond your attorney’s fees. There are costs associated with deposition transcripts, private investigators, expert testimony, and traveling. And the losing party almost always pays the other side’s “costs.” Some law firms, such as Pankauski Lazarus, do take certain will contest cases on a contingency basis. This means that you would pay your probate lawyers only if there is a successful recovery. If you believe you have a good will contest case, but cannot afford a lawyer, ask about a contingency. Finally,
before getting involved in a probate dispute, you should consider the non-financial “costs” that may occur . Non- financial “costs” frequently include stress and the destruction of the relationships you had with the people you are against in the lawsuit.

If you are interested in contesting a will in Florida, consider interviewing a probate trial attorney at Pankauski Lazarus. For a free consultation, call (561)514-0900 ext.101.