What Do You Need to Know About West Palm Beach Will Contests? Four Things to Note.
Are you concerned that a relative’s Last Will and Testament seems suspicious? Has a caretaker been left almost the entire estate in a recently executed will or codicil? You may have grounds for a will contest in West Palm Beach but you will have to act quickly. Florida probate courts do not reward those that wait too long to file an action in probate court. Want to learn more? Check out these four things to know and consider before you file your will contest.
1.) Jury Trials
- Did you know that you may have a right to a jury trial?
- The party who opposes you in the will contest may also have a right to demand a jury trial.
- Do you know whether or not you want to have a jury try the issues in your West Palm Beach will contest?
- Be careful because if you demand the jury trial and then change your mind you will need the other sides consent to withdraw the demand.
2.) Standing / Interested Parties
- Are you sure that you have standing to file a will contest?
- Do you know what that means?
- Boca Raton probate courts require that you be an interested party if you want to file awill contest.
- That means that you have to have something to gain from the will contest, your point cannot be just to right some wrong.
- How can you tell if you are an interested party?
- Do you take under an alternative will or by the intestacy statutes?
3.) Statutes of Limitations
- One thing few people realize is that time is of the essence.
- You may have as little as ninety days to challenge a will in West Palm Beach!
- When does the timer start ticking?
- Usually after you have received notice that the will is going to be administered.
- Read those notices from the personal representative carefully!
4.) You Still Need Evidence
- Just because you think you have a case does not mean its time to walk into court.
- How do you plan on proving the case – do you have any evidence?
- You may have a right to an evidentiary hearing in probate court and you will be able to testify but is that enough to prove the case?