The loss of a loved one is emotional. When it comes time to distribute the decedent’s estate, family tensions can boil over and lead to hurt feelings. When will disputes in South Miami arise, a probate lawyer can help.
A reliable wills attorney can help you understand how to address will disagreements and take steps toward resolution. Whether you are the personal representative or a concerned beneficiary, seeking legal support will be critical to addressing these issues.
What Happens When There Is a Will Dispute?
When there is a dispute regarding a will, several things occur. First, the party contesting the will files a petition with the Miami-Dade Probate Court. Second, the court will notify the estate and any relevant parties about the petition. At this stage, parties may settle, or the case may be set for a hearing.
If it goes to a hearing, the court will decide on the validity of the will. There are three possible outcomes:
- The court finds the will to be valid, and the probate will proceed
- The court finds the will invalid and reinstates the last valid will, if one exists
- The court finds the will partially invalid and enforces only the valid portions
Disputing a will and taking the matter to court can be costly and time-consuming. Mediations and negotiations may be critical to efficiently resolving conflict and preserving family relationships.
Who Can Contest a Will?
Any “interested person” may contest a will in South Miami. An “interested person” is defined as any individual who may be affected by the outcome of the proceeding. In cases of a will dispute, this includes the personal representative.
Examples of Common Will Disputes
South Miami will disputes may arise for any number of reasons. These disputes are commonly based on the legitimacy of a will or conflicting interpretations. Common grounds for dispute include undue influence, improper execution, fraud or forgery, and beneficiary disagreements.
Undue Influence
Undue influence refers to situations in which a beneficiary manipulates the testator into creating a will or the testator is threatened with harm to make or alter a will.
Improper Execution
To be considered valid, a will must be in writing and signed in the presence of a witness or notary. The testator must be at least eighteen years of age and in sound mind at the time of execution. Beneficiaries may dispute the execution of the will or the testator’s testamentary capacity.
Fraud or Forgery
Fraud or forgery disputes may claim the testator was tricked into signing the will or the will was forged. The existence of a more recent will may also be raised.
Beneficiary Disagreements
Beneficiaries may disagree on the interpretation of the will, or they may have competing claims.
How Can an Attorney Help?
When a will is disputed in South Miami, lawyers can provide crucial assistance by investigating the legitimacy of the will and gathering necessary evidence, helping both beneficiaries and personal representatives navigate the disagreement. A lawyer can also file a petition to dispute a will and represent a beneficiary or the estate during the legal process.
Not only can a lawyer provide courtroom representation, they can also skillfully negotiate the dispute and help all parties resolve the conflict without a formal hearing. This can be critical to reaching the most peaceful and beneficial results.
Contact a South Miami Lawyer For Help with Will Disputes Today
Will disputes in South Miami can come with intense emotions and complications. At The Florida Probate & Family Law Firm, we help personal representatives and heirs manage disputes, achieving the most beneficial result possible. If you have questions, contact us now for a free case evaluation.