Let’s say that you were cut out of a Florida inheritance and you are thinking about filing an objection to the Florida estate or will. You are looking for and searching for a Florida probate litigation law firm to handle your probate lawsuit on a contingency fee or contingency basis, and you want to know how long you have to file an objection to the will.
How long do I have to contest the will in a Florida probate?
- Sadly, you can’t often get a straight answer from a Florida trust lawyer or estate lawyers in Florida on how long you have to contest a will
- Filing an objection to the Florida probate depends on a number of facts and factors
- So, in truth and fairness to estate lawyers in Florida, “it depends“
- In Florida probate, Florida estate attorneys will tell you that you can, sometimes, object to the will anytime before the estate executor, the personal representative of the Palm Beach probate, is DISCHARGED
- But, there are some exceptions to this rule to file a will contest or to seek revocation of Florida probate
- Read Florida Probate Code Section 733.212 (2)(c) .
- Probate attorneys in Florida often cite the “3 month rule” under the Florida Probate Code which says that if you were served with a “notice of administration”, you have 3 months to file a petition in the Florida Probate Court to revoke probate
- Put another way, if you were served correctly with the notice of administration of a Delray Beach estate or a Palm Beach Gardens probate, and if the probate notice had the correct and proper legal terms, you are limited to 3 months to contest the will in Florida, or, put another way, to revoke probate, or object to the will
- But, this is a fact sensitive probate matter, so ask your Florida estate lawyer about your rights
- And, if you are the personal representative of a Florida Probate, consider this:
- What if you are expecting an attack on the estate from someone who wasdisinherited?
- What if you know that someone is going to file an objection to the Palm Beach Gardens probate?
- How can you defend against the expected will contest in Florida?
- Ask your probate litigation attorney West Palm Beach for the best way to defend that inheritance lawsuit
- There are a number of issues of legal standing which your Florida estate lawyer can explain, including whether or not someone is an “interested person” to a Florida probate
- Remember, no stranger can just come in and hire a probate attorney Palm Beach and necessarily start participating in the estate administration process
Florida Probate Rules for Revocation of Probate
- The Florida Probate Rules set forth a number of rules, to work with the Florida Probate Code, which tell you just about everything you need to know about filing an objection to probate, or a Florida will contest
- For example, have you read Florida Probate Rule 5.270?
- If you want to contest the will in Florida probate, this is sometimes referred to byFlorida probate litigation law firms as seeking revocation of probate
- Likewise, if you want to hire a Florida estate attorney to object to the will or contest the Florida will, some estate lawyers in Florida refer to it as objecting to probate or filing an objection to probate
- If you want to object to the will, or contest the will in Florida probate or estate proceedings, most probate litigation lawyers in Florida will tell you to file an ANSWER to the petition for estate administration and also to file a counterclaim for revocation of probate
- If you want to do some research before interviewing a Florida probate law firm, consider reading the probate code in Florida
- Here is the link to the Florida Probate Code, but remember, your legal clock is ticking and you may only have days to contest the will or object to the Palm Beach probate:http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Index&Title_Request=XLII#TitleXLII
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