What is a Florida Will Contest and what do you need to know? To see a free Florida probate video about a will contest, CLICK HERE. To learn more, keep reading. An Introduction to Florida Will Contest A Florida will contest is a challenge to a will. It involves going to court, the probate court, and making a claim. This claim is often in the form of a court-filed document called a Petition. In that Petition, you set forth your case on why the will is not valid. That is your challenge. You challenge the validity of the will. Florida law lists a limited number of reasons why a will may not be valid. Understanding all of these legal avenues is key to your success. Gathering your evidence is key. Finally, knowing how to try this type of case is paramount. Unless you settle your will contest, it will go to trial. A probate judge will tell you whether a will is valid or not valid. If there are a number of wills in play, she will tell you which ones are valid, which are not valid, and which one controls. Are you ready? Affect of Fraud or Duress A will that is caused by Fraud or Duress is void. Undue influence is a kind of fraud. Many times, people question wills that are signed right before death. Or, when a new beneficiary magically appears in a will, and was never there before. If a person forced or pressured someone […]

You only have a limited time for contesting a Florida will. Blow the deadline and it’s over. MOST of the time ! If you want to object to probate or are involved in a will contest, read on. If you are considering hiring an experienced probate litigation law firm on a contingency fee, you can read more by clicking HERE. Will Contests in Florida — what is it? A will contest is an objection raised against the validity of a will. If you believe that a will is invalid, you can hire a Florida estate litigator to contest the will on your behalf. Will contest lawsuits take place in probate courts in front of a probate judge. In order to determine whether you have a strong will contest case, you should consult with an experienced probate litigation lawyer. One question she will ask you is : why do you believe the will is not valid? Or, put another way. What is the legal or factual basis to object and overturn the will ? If the will-signer was not of SOUND MIND, the will is not valid. Same is true if the will was caused by fraud or duress. Hiring a Litigator for Contesting the Florida Will A will contest is a trial! Would you hire a foot doctor to do brain surgery? No! So, is your lawyer comfortable calling witnesses, raising objections and discussing evidence in the courtroom? Will he or she even take your case to trial? Or do […]