Palm Beach Will Contests: 5 Things to Keep in Mind

Are you about to challenge or contest a will in Palm Beach probate court? Do you have a plan of attack already? Have you retained a lawyer and opened the case? Before you get started here are five things you may want to consider.

1. Statutes of Limitation.  Did you know you may have as little as six months in Florida to file your claim? West Palm Beach courts do not favor those who “sleep on their rights.” If you know something is a foot you might need to get an attorney on record and start making an effort at tackling the case.
2. Payment. Do you know how you are going to pay your West Palm Beach probate litigator? In general there are three different options. A flat fee is by far the simplest to explain but also can be the hardest to confidently negotiate. An hourly fee also rather simple can be scary, after all hourly is not cheap when it comes to lawyers. Finally have you considered contingency fees? This option allows you to pay little to nothing upfront but offer a portion of your winnings after the fact.
3. A Plan of Attack. Do not just go in assuming you will find a theory to set aside a will. If you do not have a game plan you are probably not ready to step into court. How do you want to challenge the will? Undue influence? Lack of testamentary capacity? Outright fraud? What is that old saying? Measure twice, cut once.
4. Decide if you want a jury. You have a right to a jury for any action “at law” under our constitution, do you want one? That is a decision you should make early on. Although it is possible to withdraw a demand for a jury experienced Palm Beach litigators know that it requires the consent of all other parties. However, if you do not demand a jury the other side cannot demand one as a defendant or respondent, so use this power wisely.
5. Gather the documents. When clients come in and want to challenge a will, sometimesthey did not even bring the will with them. Do your homework, gather the documents before you start filing and getting lawyers. Sure a lawyer can help you get those documents but guess what they are probably billing you for it!

Want to learn even more? Check out our FAQ video library for a variety of information on guardianship, will contests, probate, estates and more!