Losing a beloved family member can be an emotional ordeal. The tension and emotion that comes with this loss can be amplified in situations where there are disagreements over that loved one’s estate. In some cases, these disagreements can lead to will disputes in Kendall.
A will dispute means formally challenging the validity of a will in court. The outcome of these decisions can have major ramifications for you and your family, as it could completely change how the estate is distributed to beneficiaries. Let our dedicated will attorneys guide you during this contentious time.
Common Reasons for Will Disputes
There are numerous factors that could lead someone to challenge a will in Kendall. Our probate attorneys have resolved countless disputes, and we understand these factors can potentially invalidate a will. Some common examples include the following.
Fraud
It should come as no surprise that a common reason for challenging a will is due to allegations of fraud. This might involve a fake will or forged document. Alternatively, these challenges might relate to the use of fraud during the execution of the will. For example, a will is not valid if a person only signed it believing it was some other kind of document.
Execution Issues
There are technical requirements that must be met in order for a will to be valid, and they are strictly enforced by the courts. This includes having the will in writing and executed in front of witnesses or a notary. Failing to comply with these seemingly minor requirements could render a will invalid.
Lack of Capacity
A person can only create a valid last will and testament if they have the capacity to understand the ramifications of their actions. Many challenges against wills allege that the creator lacked that capacity at the time the document was executed. This is a common dispute for wills that are created later in life.
Who Can Contest a Will in Kendall?
In Florida, not everyone has the legal right to challenge a will. Under state law, only “interested parties” may file a dispute. A person is considered to be interested if they stand to gain or lose financially from the estate’s distribution. This group usually includes heirs who would inherit under state intestacy laws if no will existed, beneficiaries named in the current or a prior will, and sometimes creditors with claims against the estate. To have standing, a person must show a direct financial interest that is harmed by the will’s terms. Without this connection, the court will not allow the contest to proceed.
Deadlines for Challenging a Will
When it comes to will disputes, there are strict deadlines that apply. Missing these deadlines can have devastating consequences, including bringing your right to contest the will to an end. Once the personal representative of the estate formally notifies interested parties that probate has begun, you typically have 90 days to file an objection. If you receive a formal Notice of Administration, that deadline is shortened to just 20 days. These time limits are strictly enforced, so it is crucial to act quickly to avoid a permanent bar on you from pursuing your claim.
Talk to an Attorney in Kendall About Your Will Dispute Today
If you are facing the prospect of a dispute during the probate process, it is crucial for you to seek out legal help as soon as possible. At The Florida Probate & Family Law Firm, we understand the impact these conflicts can have on you and your family. Reach out to our firm today to discuss will disputes with a Kendall lawyer during a free case evaluation.