There are cases, after the death of a beloved one, that an heir or entity with an interest in the Estate may contest, challenge or dispute the entire Will or a portion thereof. While family members desire to ensure the Estate is distributed as per the wishes of the Decedent, Florida Law does permit Wills to be contested in cases of mental incapacity, Undue Influence or fraud. Due to time limits and other required documentation, it is best to consult with an experienced Probate Attorney in Central Florida, to Contest a Will.
Florida allows individuals to challenge a Will prior to the end of the Probate Process. The Probate Process involves the submission of the Will and other related documents to the Probate Court in the county where the deceased resided. For instance, if the Decedent resided in the Central Florida area, then either Seminole County Circuit Court or Orange County Circuit Court will have jurisdiction of the Probate Process.
In addition, Florida law permits individuals to contest a Will if they have evidence that the Will does not precisely reflect the wishes of the Decedent. A Probate Attorney in Central Florida can examine the Will and offer advice on whether or not there are sufficient grounds for contesting the Will in question. You may have adequate grounds to challenge the Will if it contains some unexpected bequest or Testamentary Scheme. For instance, if the Testator left everything to someone he or she hardly knew rather than leaving the Estate to rightful heirs like family members, a Probate Court may draw a conclusion that these circumstances are suspect.
Ar you are trying to contest a Will or challenge a Will in the Central Florida area, including Daytona Beach, New Smyrna Beach, Ormond Beach and Port Orange, FL? Contact Jerry B. Wells at (386) 253-3676 to schedule a consultation with an experienced Probate and Trust attorney today!
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