Are you planning on contesting the will in West Palm Beach? Do you know how to file a West Palm Beach probate lawsuit? Winning a probate lawsuit is not rocket science but you will need a plan of attack. Do you have one?
Contesting the Will
- The first step is deciding to move forward.
- Litigating a lawsuit can be an expensive and time consuming aspect of your life and requires serious considerations.
- Once you have decided you are going to contest the will in West Palm Beach the next question is how.
- There are several ways.
Fraud
- Did your sister tell your parents they were signing a tax return but it was really there will?
- This is the epitome of fraud and that will is not going to be enforced by the West Palm Beach probate court.
- Proving fraud can be difficult though.
- Do you know the other ways to contest the will?
Undue Influence
- One very common way to contest a will in West Palm Beach is to claim there was undue influence by a third party.
- Do you know what that means?
- A good example is the cases where a caretaker or family friend takes a relative to the attorney and then they draft a will that disinherits everyone else.
- That does not sound like the will of the testator it sounds like it is the caretaker’s will and that is not proper.
- If this sounds familiar you may have a case of undue influence and the will can be set aside.
- What other grounds are there for setting aside a will in West Palm Beach?
Lack of Testamentary Capacity
- Another common way people in West Palm Beach challenge the will is through a claim that the person lacked the capacity to execute a will.
- If someone does not understand what they are doing it would not be very fair to enforce that will over a document entered into when they were aware.
- That is the basis of this challenge.
- If you have a relative who signed a will while they had Alzheimer’s disease they may lack capacity.
- Are there any other ways you can challenge the will in West Palm Beach.