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Tag: #floridastatutescontestingawill

Florida Statutes Contesting a Will

Probate Information • Apr 12, 2021
post about Florida Statutes Contesting a Will

There are a handful of Florida Statutes that family members and heirs should read before you contest a will. And if you are non-family member, but were cut out of a will, you need to understanding the Florida Probate Process. You can read these laws for free and relatively quickly. Below is a plain-English, easy-2-understand guide to Florida Statutes Contesting a Will. To see a FREE LEGAL VIDEO about a will contest, CLICK HERE. Florida Probate Code vs. The Rules Start by reading the Florida Probate Code. That begins with Florida Statutes 731 and goes forward. It provides some excellent background like a definitions section. That will help you determine “who’s who.” One of the first things you need to do is determine standing. Do you have the legal ability to contest a will? If you are a beneficiary or personal representative under a prior will, you have standing. But not everyone has standing, including some close family members. To read about heirship + standing and a recent decision, click HERE. There are more probate statutes about judicial proceedings and trying to revoke probate. Getting Ready to Contest Contesting a will in Florida can be done before probate is opened, or after. But, it has to be done after someone’s death, not before. If a probate has not been opened, then open one by filing a petition for administration. If a probate is already open, then file a response to the Petition for Administration. Then file a Petition to Revoke […]

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