Florida will contest lawyers can help you keep a will out of probate. Do you know how? You may have a claim for lack of testamentary capacity or undue influence in probate court. How can you be sure? One good way is to talk to a Florida probate lawyer. You may also want to check out this recent case out of the Supreme Court of Nebraska to learn more about will contests in Florida.
Will Contest
- Do you know what a will contest is?
- Do you understand what lack of testamentary capacity means?
- What about undue influence?
- These may be ways for a Florida probate lawyer to the will kicked out of probate court.
- Why would you want to kick out the will of a loved one?
- Certain wills may not actually reflect the intent of the person who signed them.
- Why?
- Florida probate lawyers know that sometimes third parties may exert undue influence to get a new will signed.
- Also sometimes parties may lack the capacity at an elderly age or after a traumatic event to actually execute a document including a will.
- If someone has been deemed incapacitated for purposes of Florida guardianship can they still execute a will?
- Florida probate attorneys know that is not a simple question.
- Check out this recent opinion out of the Supreme Court of Nebraska to learn more aboutundue influence and testamentary capacity will contests.
Estate of Clinger
- This was a probate appeal that made its way all the way to the Supreme Court of Nevada!
- A lot of the tenets of this case are very similar to those you will experience in the probate courts of Florida.
- Do you know why?
- Here the petitioner had sought the admission of a will to probate and several parties contested the will.
- On what grounds?
- They claimed that the petitioner had exerted undue influence and that the testator lacked capacity.
- What do you think?
Want to learn more?
Check out the entire case by clicking here.
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