After the loss of a loved one, common emotions are sadness, denial, anger, guilt, and even relief, depending on the circumstances. With heightened emotions, disputes frequently arise among those closest to the deceased, often played out during probate–the legal process of administering and distributing a decedent’s assets. If the decedent left a will, Florida courts typically follow its direction if it is valid and authentic, as it reflects their final wishes. Florida courts distribute assets without a will according to Florida’s intestacy laws.
Reasons a Will May be Contested:
- Duress: The creator (testator) of the will was forced to sign through threats or other types of pressure.
- Lack of capacity: The testator did not have the mental clarity to create, amend, or revoke the will.
- Fraud: The testator signed the will under false pretenses.
- Technical errors: The execution of the will did not follow state requirements and is therefore invalid.
- Forgery: A will is signed by someone other than the testator.
Disputes Involving Personal Representatives
A personal representative named in a will or appointed by a judge manages an estate. This person has significant responsibilities and a legal and ethical obligation to act in the estate’s and beneficiaries’ best interests. Personal representatives are considered fiduciaries; a breach of fiduciary duties can result in legal and financial consequences.
A personal representative may be removed from their duties for mismanagement of the estate, fraud, or a conflict of interest. Furthermore, if a person has a felony conviction on their criminal record, they are considered unfit to serve as a fiduciary and can be removed. Allegations of violating fiduciary duties can lead to disputes among beneficiaries and make the probate process more complicated.
How to Contest a Will
If you believe you have valid grounds to contest a will, the first step is to file a petition in the probate court where the estate is being probated. Only those with standing can file a petition, including beneficiaries named in the will or a prior will, the personal representative, creditors, and close relatives who would have been included if the will was administered according to Florida’s intestacy laws. To successfully contest a will, you must have strong, supportive evidence, such as witness testimony, medical records, or other documents. Florida law mandates strict deadlines for will contests.
How Our Probate Attorneys Can Help
At Legacy Law Associates, we offer compassionate guidance for families who have lost a loved one. We understand you may be overwhelmed and anxious about your future. We are here to assist you through the legal process.
Our experienced probate attorneys can help ensure the decedent’s wishes regarding their assets and properties are respected. We can investigate the validity of the will or the personal representative’s actions, meet the deadlines for filing a contest, and present strong legal arguments in court on your behalf. When unfounded accusations are being made, we will protect your rights, ensuring the decedent’s wishes are honored.
Contact Legacy Law Associates at (386) 252-2531 today to schedule a confidential appointment at our Daytona Beach, Florida, office. We offer personalized service to ensure that your probate matters are handled with the highest level of care and professionalism.
