Have you been disinherited from the will in Delray Beach? How do you get an inheritance after you are disinherited in West Palm Beach? Do you know your rights and how you can contest the will? Palm Beach probate firms are standing by to help you contest the will but before you do here are four things to consider.
1 – The Elective Share
- Some of the most common complaints by a spouse is that they got short changed.
- If you feel the will does not leave you a fair inheritance from your spouse, or worse that you are left nothing in the will then you may have an alternative to contesting the will.
- Do you know what the elective share is?
- In Florida probate litigators know that a spouse is entitled to an elective share in lieu of the will portion if they elect so.
- This share is actually thirty percent of the estate including many non-probate assets.
- Why fight with relatives in a will contest if you can take your portion and go?
2 – Costs
- How do you plan on paying for all of this?
- You may be able to negotiate a flat fee with a probate attorney in Palm Springs, do you know what that means?
- You only have to pay one fee and that is it.
- What other types of fee arrangements are there?
- You may be on the hook for an hourly arrangement whereby you pay based on the time it takes the attorney.
- You also may be able to get a West Palm Beach probate firm to take your case based oncontingency.
- Do you know how that works?
- Your payment is contingent on their success!
- So if you get nothing, so do they!
- What is the downside?
- Well you do owe them a percentage that could take away a bit of your inheritance.
3 – What Grounds Can You Contest Under
- Do not forget that mere suspicious activity is not enough to contest a will.
- You are going to have to prove your case to the court or maybe a jury.
- Do you know what undue influence is and how to prove it?
- Do you have evidence that would show a lack of testamentary capacity?
- What specific facts can you point to that would establish fraud?
- These are the kinds of things you need to consider before you file for a will contest.
4 – Jury or No Jury?
- You may have a right to a jury trial in West Palm Beach probate court.
- Do you know whether or not you even want a jury?
- What do experienced Palm Beach probate litigators consider before they elect to have a jury trial?