Will Contests

The probate process can be lengthy - and costly. If you are concerned that your estate will be bogged down in the probate process, you need to act now to keep your estate out of probate. Contact an attorney who knows probate and estate administration law to learn more about the best methods to keep your estate out of probate.

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Settling the affairs of the deceased is an often sobering process for many people. Honoring the expressed wishes of a loved one who has passed away is one reason to choose a probate and estate administration lawyer carefully. Watching out for any pitfalls and moving the process efficiently through the courts helps a family wrap up the affairs of a loved one. Contact us at Mellor & Grissinger to schedule a consultation.

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Perhaps you live out of state and your parent in Florida is seriously ill. You want to ensure that your family is as well prepared as it can be for the inevitable call that is likely to come before long. Our North Port attorneys can assist your family in getting ready to handle the estate skillfully and efficiently.

With a will or without a will, assets in trusts or not, sooner or later we or our children become concerned about how to best protect family assets at the end of life. Learn how lawyers of Mellor & Grissinger can educate and advocate on your behalf throughout the probate process.

The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.

If you believe a will is invalid, or if someone is challenging a will you are administering or benefiting from, you should contact an attorney with experience in will contest cases. Mellor & Grissinger can assist you with this type of difficult and emotionally-charged case, and can advise you on the best way to proceed under Florida law.

Grounds for contesting a will include:

Later Will. If a later will was made, and the making of the will conformed to the necessary legal requirements, then the later will replaces the earlier will.
Incapacity. A valid will requires that the decedent was of sound mind at the time the will was made. The "sound mind" requirement typically requires that at the time the will was made, the decedent had the ability to generally understand the nature and extent of the property to be disposed, his or her relationship to those who would naturally claim a benefit from the will, and the practical effect of the will as executed. Proving that the decedent was mentally ill or under the influence of alcohol or drugs at the time the will was made are ways to establish incapacity.
Undue Influence. If at the time the will was made, the decedent did not exercise his or her judgment in making the will, but rather made the will according to the wishes of another, the will may be found invalid on the grounds of undue influence. Coercion, duress and fraud are examples of undue influence.
Improper Execution. A will must be properly executed in order to be valid. This requires that the creation and the execution of the will conform to the state's requirements, which can include the will having to be in writing and signed by the person making the will (the testator) and that the will be witnessed or notarized.
Forgery. A will can be found invalid if any portion of the will, including any terms of the will or the signature of the testator or the witnesses, are determined to be forged.

There is a limited amount of time set by state statute to challenge the validity of the will on one of these grounds. If the validity of a will is successfully contested, the probate court may:

Disallow only that part of the will that is successfully challenged
Admit an earlier valid will (if one was made) in its place
Determine that the decedent died intestate and distribute the assets according to the state's intestate succession laws, which are the legal default rules for estates without a will

Conclusion

The consequences of a will contest are significant for all of the parties involved. If there is the possibility of a will contest, contact an attorney experienced in probate and estate administration at Mellor & Grissinger in North Port, Florida to ensure that your rights are protected throughout the process.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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