Will Contest And Disputes Attorney In Florida
When a loved one passes away, dealing with a dispute over their will is sure to be a stressful and frustrating situation on top of an already emotional time in your life. While will contests are a common occurrence, you don’t have to go through this difficult path alone. Attorney Erin Kirkwood is here to guide you through the process with care and compassion.
With over 25 years of experience, Erin is a trusted estate planning and probate attorney in Florida’s Treasure Coast, dedicated to providing honest and trustworthy guidance to individuals and families facing will contests and disputes. Through Erin Kirkwood Law, PLLC, Erin is committed to helping you navigate the legal system with ease, ensuring that your rights are protected and your interests are represented.
Understanding Will Contests And Disputes
A will contest arises when a beneficiary or heir challenges the validity of a will, often due to suspicions of fraud, undue influence or lack of capacity. Will contests can be emotionally charged and legally complex, requiring the skill and knowledge of a seasoned attorney.
Can You Contest A Will In Florida?
Yes, you can contest a will in Florida. However, it’s essential to understand that the process is governed by strict laws and timelines. To contest a will, you must have a valid legal reason, such as fraud, forgery or lack of capacity, and you must file a petition with the court within a specific timeframe. However, not everyone is eligible to contest a will. According to Florida law, the following individuals have standing to file a will contest:
- Beneficiaries under the will: Anyone named as a beneficiary in the will can contest the will.
- Intestate heirs: Individuals who would inherit from the decedent if there were no will, such as children, siblings or other relatives, can file a will contest.
- Creditors: Creditors of the decedent, including those with a claim against the estate, can contest the will.
- Any interested person: This category includes anyone who has a financial interest in the estate, such as a spouse, child or other relative who would be affected by the will’s validity.
If you’re considering contesting a will, it’s crucial to consult with a lawyer who understands probate law to learn about your rights and the potential outcomes before proceeding.
How Do I Contest A Will In Florida?
To contest a will in Florida, you’ll need to work with an experienced attorney who can guide you through the process. Erin will help you gather evidence, prepare legal documents and represent you in court. With her knowledge and experience in handling these cases, she will handle the legal complications of your case while you focus on resolving the dispute and maintaining peace among your family.
What Are The Valid Grounds For Contesting A Will?
There are several valid grounds for contesting a will in Florida, including:
- Lack of capacity: The testator (the person who wrote the will) was not of sound mind or did not have the required mental capacity to make a will.
- Undue influence: Someone exerted undue influence over the testator, causing them to make a will that does not reflect their true wishes.
- Fraud: The will was procured through fraud, such as forgery or misrepresentation.
- Duress: The testator was forced to make a will under duress or coercion.
- Improper execution: The will was not executed in accordance with Florida law.
By consulting with a skilled probate lawyer, you can determine whether you have a valid case to contest a will. Erin will take the time to investigate your situation and plan a strategy accordingly to help you challenge your loved one’s will.
Is There A Deadline For Contesting A Will?
Yes. You must file a petition with the court within a specific timeframe. In Florida, this is typically within three months of the will’s admission to probate. An attorney can help you keep this deadline in mind as you work together to prepare your case.
Get Legal Guidance From A Florida Attorney
If you’re facing a will contest or dispute in Florida, don’t navigate the complex legal process alone. Attorney Erin Kirkwood is here to help. Call Erin Kirkwood Law, PLLC, today at 772-732-8863 to schedule a free consultation to discuss your situation and receive guidance on the best course of action. Or email the firm online at your convenience.