Will Contest Attorney in Ocala, Florida
Contesting a will can be a challenging and emotionally charged legal action, often occurring when family members or heirs suspect something went wrong in the drafting or execution of a loved one’s last will and testament.
In Florida, understanding the grounds and processes for contesting a will is crucial. That’s where I come in. I’m Michael A. Siefert, P.A., an experienced probate lawyer in Ocala, Florida, and I’m here to help you.
Understanding a Will Contests
A will contest is a formal objection raised against the validity of a will, generally based on specific legal grounds. It’s important to note that not everyone can challenge a will. In Florida, only individuals who have legal standing—typically heirs, beneficiaries, or individuals who would have inherited in the absence of the will—can initiate a will contest.
The process of contesting a will involves petitioning the probate court, presenting evidence, and attending hearings. Florida law aims to honor the decedent’s wishes as expressed in their will, so the court will consider only valid legal challenges.
Who Can Contest a Will in Florida?
Only individuals with a vested interest in the outcome of a will contest have standing to bring a claim. Generally, this includes:
Heirs at law: People who would inherit under Florida’s intestate succession laws if there was no will, such as children, spouses, or other close relatives.
Named beneficiaries or devisees: Individuals or entities listed in the contested will or prior versions of the will.
If you fall into one of these categories, you may have the legal right to challenge the will. However, simply being an heir or beneficiary doesn’t guarantee success in contesting the will. The probate court will look for specific legal grounds.
Common Grounds for Contesting a Will
Several factors can render a will invalid under Florida law. Here are some of the most common legal grounds for challenging a will:
Lack of testamentary capacity: The person making the will (the testator) must have the mental capacity to understand their decisions, the extent of their property, and the effect of their actions. If it’s believed the testator lacked this capacity, a will contest may be justified.
Undue influence: If a family member or other person improperly influenced the testator to alter or create a will, this is grounds for contesting the document. Undue influence can include coercion, manipulation, or using a position of trust to affect the testator’s decisions.
Fraud or forgery: If someone forged a signature or misled the testator into signing a document they didn’t understand or intend to sign, the will could be declared invalid.
Improper execution: In Florida, wills must adhere to specific formalities, including being signed by the testator in the presence of at least two witnesses. A will that fails to meet these requirements might be contested.
Each of these grounds requires proof, which often involves gathering evidence, speaking with witnesses, and potentially presenting expert testimony.
Steps in the Will Contest Process
Managing a will contest can be overwhelming, but understanding each step can provide clarity. Here’s an outline of the general process:
1. Filing a Petition to Contest the Will
To begin, the individual contesting the will must file a petition with the probate court. This document outlines the grounds for the contest and provides any relevant evidence. The petition should also detail why the contestant believes they have standing.
2. Discovery Phase
During discovery, both sides collect evidence supporting their claims. Discovery often involves:
Depositions of witnesses who were present during the drafting and signing of the will
Obtaining medical records of the testator to establish or refute testamentary capacity
Collecting documents related to the estate, will drafts, and any correspondence regarding the will’s creation
3. Mediation or Settlement Discussions
In Florida, many will contests are settled before reaching trial. Mediation provides an opportunity for all parties to come to an agreement. Resolving the dispute through mediation can save time, money, and emotional strain.
4. Probate Court Hearing
If mediation fails, the will contest proceeds to court. The probate judge will consider evidence from both sides and issue a ruling on the validity of the will. If the court finds the will invalid, the estate will be distributed according to prior valid wills or Florida’s intestate succession laws.
Possible Outcomes of a Will Contest
A successful will contest can lead to several potential outcomes:
Invalidation of the entire will: If the court finds the entire will invalid, the estate will be distributed according to any prior valid will. If no previous valid will exists, Florida’s intestate succession laws will apply.
Partial invalidation: In some cases, only specific provisions of the will may be found invalid, while the rest of the document remains enforceable.
Probate proceeds as planned: If the contest is unsuccessful, the will is validated, and the probate process continues as outlined in the document.
Challenges in Proving Grounds for a Will Contest
Challenging a will isn’t easy, as Florida probate courts generally respect the testator’s wishes as expressed in their will. Some of the obstacles involved include:
Proving undue influence: Undue influence can be subtle and challenging to prove. Courts look for signs such as dependency on the influencer, sudden changes in the will, and suspicious behavior by the alleged influencer.
Establishing lack of capacity: To prove lack of capacity, you may need medical records, testimony from caregivers, or other documents demonstrating the testator’s mental state.
Legal Assistance in a Will Contest
Given the challenges of will contests, working with an experienced probate attorney is invaluable. A lawyer can help manage the legal procedures, advise on the likelihood of success, and assist in gathering and presenting evidence. Furthermore, they can offer critical support during what’s often an emotionally difficult time for families.
Financial Considerations of Contesting a Will
It’s essential to consider the financial implications of a will contest. Attorney fees, court costs, and expenses related to gathering evidence can add up quickly. Here are some key financial aspects:
Attorney’s fees: Many attorneys offer various fee structures, including hourly rates or contingency fees, depending on the nature of the case.
Court costs: Filing fees and other court-related expenses should be anticipated.
Costs of expert witnesses: In some cases, expert witnesses are necessary to substantiate claims, particularly in matters related to medical records or undue influence.
Key Points to Remember When Contesting a Will
If you’re considering contesting a will, keep the following in mind:
Be prepared for the emotional and financial costs involved.
Make sure you have clear grounds and evidence.
Remember that settlement through mediation is often a possibility.
When Should You Consider a Will Contest?
Not every dispute over a will should lead to a formal contest. Here are situations when contesting a will might be a reasonable option:
You have solid evidence of fraud, undue influence, or lack of testamentary capacity.
You stand to lose a significant inheritance or other important rights.
You’ve exhausted all other avenues, and negotiation has failed.
Florida’s Statute of Limitations on Will Contests
In Florida, the time limit for contesting a will is typically short. Once the will enters probate, interested parties have only 90 days to contest it. If they receive formal notice of the probate proceedings, this period shortens to 20 days. Missing this deadline may prevent you from pursuing a contest, so acting quickly is crucial.