5 FAQ’s About Palm Beach Will Contests
So, you want to contest the will in a Palm Beach probate? Maybe you were disinherited from a Palm Beach estate or the will doesn’t even mention you at all. If you are an heir or a beneficiary under a prior will, or otherwise think you have legal standing to bring a problate lawsuit in Palm Beach County, then here are 5 FREQUENTLY ASKED QUESTIONS about Palm Beach will contests, sometimes referred to as a “will challenge.”
1. Q: What will it cost to file a will challenge?
A: Probate litigation in Palm Beach is expensive. Each case is different, but if you want an experienced probate litigator whose practice is limited to estate & probate litigation, you should plan on spending up to and beyond 6 figures, depending on how complex the case is, and how long the trial is. It’s possible that some matters may be handled in the Palm Beach Probate without a trial, which means that your probate trial lawyers’ fees may be much lower. Maybe in the thousands of dollars instead of over $100,000. Some firms may take your estate lawsuit on a contingency fee. If there is no recovery from the estate, there are no attorneys fees, although you still remain responsible for costs.
2. Q: When should I file a will contest or a Palm Beach Will Challenge?
A: Yesterday ! There are very short time frames in which to object to a will under Florida Probate Law. Depending on the facts of your case, it may be only days or 3 months. Don’t delay ! Probate law does not look favorably on those who sit on their rights. Estate law in Palm Beach favors those who exercise their rights. Get an experienced, serious litigator and get in the game if you are going to file a will contest. The Florida Probate Code & the Florida Probate Rules, which you can read online or free, will tell you more.
3. Q: Does it matter where my probate litigator is located?
A: No. What’s important is that you find a probate lawfirm that you are comfortable with and which has the experience trying these will challenge cases. Consider looking for a law firm with probate lawyers who actually try cases: a litigation firm which handles will contests in Palm Beach County. I’m talking about a probate TRIAL LAWYER, not just a probate lawyer who opens up estates. You need a Palm Beach probate litigator who spends his or her time trying cases.
4. Q: How do I get a copy of the will ?
A: Each custodian of a will in Palm Beach is REQUIRED to file the original with the clerk’s office. It’s there for you to obtain a copy of, if it has been filed. If the will has not been filed, and you know who has it, you can demand that they file it. If they don’t, you can open up the Palm Beach Probate yourself, get a probate court to order them to file the will, and seek fees from the person who won’t file the will. There is a new Florida probate law on this very subject. Our West Palm Beach probate law firm just encountered two law firms who refused to file two wills of a wealthy Boca Raton resident who just died. Millions at stake. We sent demand letters and also filed a motion to compel the production of the will and we won at that hearing. A lawyer from our office personally handled that issue in the Delray Beach Probate Court.
5. Q: How long will a will contest take?
A: Depending on how many parties are involved in the probate lawsuit, how complex the estate is, and how complicated, or simple, the facts are, plan on spending 6-18 months for a full probate trial including discovery. Our Palm Beach County estate law firm will often ask a judge to set a probate matter for trial when it serves our clients’ interests and they want it over with. We have not experienced estates which go on and on and on for multiple years like some of them that you read about. Take action. Get in the game?