Challenging A Will In Florida

This comes in a variety of ways. People need to be updating and modifying their estate plans throughout their lives. Consider the person who has children, gets divorced, remarries, and has more children. Those events are reasons to create or modify an estate plan or a will. To be clear, a will is one element that people may include in their estate planning process.

Using the scenario above, what happens if that person passes away without updating their will? Did all the assets pass to the surviving spouse? Did the previous children get left out? There are many reasons why a will can be contested in Florida. Let’s go over a few:

Who & When

Upon hearing that people do have the ability to contest a will, you need to know two things: 

  • Do I, personally, have the ability to challenge it?
  • When can I do so?

Florida law states that any interested person can challenge a will. That is “…any person who may reasonably be affected by the outcome of the particular proceeding involved.” That encompasses a wide range of people. 

Anyone owed money by the deceased, is listed in the will, or is related to them, may meet the parameters for an “interested person.” And these people can do so as long as the probate process has not concluded. 

Reasons To Object

First, let’s go over a popular reason why someone would want to object. When a will is valid (more on that in a moment), you cannot object because you disagree with it. However, you do have the ability to object if the will is not valid. 

For example, the will must be written and then signed in front of two witnesses. Is it possible to forget to sign a will? Yes, and it leaves behind an invalid document. Furthermore, you need to look at the conditions in which the will was created. 

Sadly, people may try to influence people to include them in their estate planning. If you suspect someone had undue influence, you need to reach out and speak with an attorney. Several factors determine whether the accused influenced the testator (the subject of the will).   

Luis E. Barreto Associates

Maybe it is because they are portrayed in fictional settings, but many people envision a will as people sitting in front of a table. They listen as the will gets read by an attorney, and people argue. Not only is this not accurate, but filing an objection to a will is a serious and formal matter. 

Contact Luis E. Barreto to schedule a free consultation today. We can discuss challenging wills and other elements of probate litigation.