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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