Florida will contest lawyers know that clients do not want Florida probate litigation but sometimes it is the only option out there. What does that mean? If you are watching a loved one’s estate and memory being discredited by an improper will or trust document upon their death it may be time to file a will contest in Florida. Do you know how?
Florida Will Contests
- Florida probate lawyers call it a will contest but this is a type of probate lawsuit.
- The goal is to keep an improper will out of the court and not allow it to control the assets of your loved one.
- Estate attorneys Florida can do this in a number of ways.
- For example, your probate attorney Florida may claim that the will is a product of duress or undue influence.
- On the other hand, it may be a case where the testator lacked capacity to make a will.
- Do you know how Florida estate lawyers prove lack of testamentary capacity?
- Testamentary capacity is different from other capacities in the State of Florida.
- Do you know how?
- What do Florida probate attorneys have to prove to get a Court to throw out someone’s will?
- Check out this recent case from Arkansas, do you know how this would be different in Florida?
Estate of Robinson
- This was an appeal by a son after his stepmother won the case.
- Florida estate attorneys know that if you want to see a standard will contest, look for a child and spouse duking it out over the estate.
- What happened here?
- Here the son was alleging that the father lacked mental / testamentary capacity and that she may have procured the will by undue influence.
- In Arkansas the law says it was the stepmother’s job to prove her case beyond a reasonable doubt.
- Is that how the law works in Florida for will contests?
- Florida probate lawyers know that the laws vary from State to State, how do you plan on winning your Florida will contest?
Want to learn more?
Check out the entire case by clicking here.
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