Are you considering filing a Florida will contest in probate court? Do you have to include all the beneficiaries of the will asinterested parties? Check out this recent opinion just entered by the Supreme Court of Alabama. What does this have to do with estate litigation in Florida?
Will Contests
- What is a will contest?
- Florida probate lawyers know that sometimes a will can be brought about by improper reasons such as undue influence or duress.
- Sometimes there are even issues about whether or not someone had the testamentary capacity to execute a will.
- When this is the case estate attorneys in Florida may be able to file a will contest to protect the rights of interested parties.
- How long do Florida estate attorneys have to file a will contest?
- Have you been served with a notice of administration?
- What other issues could you face as you prepare for a will contest in Florida?
- There may be other parties besides the Florida personal representative that need to be included in the lawsuit.
- Do you know why?
- Who else might need to be included?
Ussery v. Terry
- This was an appeal from a will contest in Alabama based on failure to join indispensable parties.
- What parties have to be joined in a will contest?
- Florida estate lawyers may need to join all of the interested parties in a Florida will contest.
- Where can you find out who all the interested parties are?
- Have you looked at the Florida will for starters?
- Failure to join an indispensable may be grounds for the Florida probate courtdismissing your probate lawsuit.
- Then what?
- You may be granted leave to amend your complaint but you better hope the statute of limitations has not passed.
- Florida probate litigation requires adherence to strict time deadlines.
- Are you on time?
- To make sure talk to a Florida estate attorney today to learn your rights.
Want to learn more?
Check out the entire case by clicking here.
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