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What is a will contest? 5 things you need to know about a will challenge.

Uncategorized Mar 23, 2015
post about What is a will contest? 5 things you need to know about a will challenge.

Are you involved in a will contest? A probate challenge to a last will?  Well,  whether you are an executor of a will, in charge of a probate Palm Beach, were dis-inherited from a will, or are a probate lawyer Palm Beach, here are 5 things you should know about a will contest or will challenge Palm Beach.

How do I challenge the will?

  1. First things first:  a will challenge is often called a will contest.  You are “fighting (legally) the Palm Beach probate.  Another way to describe it is that you are objecting to the will Palm Beach. Someone has offered the will for probate administration and you don’t like the will.  So, you get in there and say your peace. So, let’s say that your rich uncle Lou from Boca Raton, who had millions in stocks and bonds, IRA’s and bank account dies with a will leaving everything to his nephew who everyone hated.  Was this a mistake (you think.)?  Undue influence Boca Raton? You are wondering if the will is correct. So, you need to object to to: file a will contest Palm Beach.
  2. How do I file a will contest Palm Beach?  Get in the game !  File an answer to any petition for administration, and then file your own, separate petition for administration. Or, also, you could file an answer and counter-petition. In your own petition for administration, or counter-petition, that you file with the probate court Delray Beach,object to the will which has been filed, state your reasons for contesting the will and tell the court what you want.
  3. What do I say when I object to the will?  Tell the probate court Palm Beach Gardens why the will is not valid and why the will Boca Raton should be overturned.  A few of the more common reasons to over-turn a will Palm Beach and object to probate includelack of mental capacity when the will was signed, undue influence, fraud, mistake, insane delusion.   Undue influence in a Palm Beach will is a form of fraud in Florida.  This is serious stuff!  You usually have to tell the Probate Court West Palm Beach, with particularity, who committed the undue influence, how it was done, and other facts about the undue influence.  Ask a probate litigation lawyer Palm Beach how they “plead”, or what they write in a court document, when they want to overturn the Lake Worth will. Check out the Florida Probate Rules and the Florida Probate Code for more specifics about the inheritance laws involved in a will contest Florida as well as the more technical procedures.
  4. Are all the “i’s” dotted and “t’s” crossed?  One way to have a will declared void is if the will was not signed and witnessed according to Florida Probate Law. Check out the Florida Probate Code (Florida statutes) and also the Florida Probate Rules to get more information.  Never assume that the will was signed properly or correctly. Talk to the witnesses to the will and even the probate lawyer Palm Beach who wrote the will.  Ask yourself, or the estate lawyer Palm Beach Gardens, who hired the lawyer? , who paid the laywer?, who got the witnesses to the will?  Was the will which you object to in probate court all “orchestrated” by someone…who inherited?  When you got cut out of the will?
  5. Don’t Delay !  Time is not on your side !  Florida Probate Law does NOT help those who are patient and quiet.  Florida Inheritance Law and estate law Palm Beach help those who stand up and want to be heard.  Don’t sit on your rights or you may lose them.  In some instances in Palm Beach probates, you may only have a matter of days or months to object to the will Boca Raton and file a will contest.