Want to File a Will Contest in Palm Beach? Read this Blog First.

Uncategorized • Nov 19, 2015

Are you worried that the will is a fraud? This is a common concern when there are suspicious circumstances. The truth is though you only have a limited amount of time to file a probate lawsuit in West Palm Beach. Here are a few things to consider before you file a will contest.

How Are You Contesting the Will?

There are a few ways to contest a will in West Palm Beach.
One common way is lack of testamentary capacity.
That just means that the person does not have the cognitive ability or capacity to execute the will.
After all if you not understand it is your will, it is not really your will.
Another common way to challenge the will is through claiming fraud.
Fraud is harder to prove then some other challenges and requires a lot of specificity when pleading to the Court.
It is always good to have more than one way to challenge the will.
Another option is claiming undue influence.
This means that some third party influenced the testator improperly and made it so the will did not reflect the actual intent of the testator.
When is this most common?
When one child influences the parent to disinherit all the others or a caretaker becomes the sole beneficiary to the detriment of the family.
After you figure out how you contest the will it is time to consider when.

How Long Do I Have to File a Will Contest ?

Time is of the essence in probate court and the Florida courts do not reward those that sleep on their rights.
If a notice of administration has been served in the case you may have as little as thirty days to file your probate lawsuit.
This is due to the statute of limitations.
If you fall outside the limitations period your lawsuit may be gone, forever.
There are exceptions like when one party hides the cause of action through fraud, which can again be hard to prove.
That does not mean it is impossible.
If you do not know whether or not you can file a probate lawsuit, request an immediate consultation with a probate lawyer.
Make sure to explain to them that your time limits may be running soon and they will probably schedule you a consultation as soon as possible.
Experienced Palm Beach probate litigators know that time is of the essence in these types of matters.

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