CAN A WILL OR TRUST BE CONTESTED?
Estate Planning Attorney in Stuart
In some cases, relatives may decide to take legal action against their loved one’s will or trust. Florida law has certain provisions that allow family members to object to the will or trust if they suspect it is not written as the deceased, also called the testator, intended. Beneficiaries and families can make legal objections to the will or trust if their suspicions fall under the following categories:
- Lack of proper formalities: If an estate planning document was improperly created or was not signed by the testator and two witnesses according to the law, the family can fight for the document to be ruled invalid.
- Undue influence: If the testator was coerced or pressured to plan their estate in a certain way by a relative, advisor, or friend, the will or trust may be deemed invalid in probate court.
- Lack of capacity: Florida law requires that the testator have the mental capability to understand the value of their assets and be fully aware of the individuals or charities to which their assets will be distributed.
- Fraud: Family members or beneficiaries can argue that the estate planning document was fraudulently created and that the testator was deceived into signing the document.
Beneficiaries and family members have only 90 days to contest the trust or will after the Notice of Administration has been given. It is imperative that those who wish to contest a will or trust speak with a legal professional immediately.
Contact a Stuart contested estate attorney today!
If you are certain or suspicious that a loved one’s wishes are not properly expressed in their will or trust, our dedicated team can help you take legal action. We understand how devastating the loss of a relative is, as well as the added stress that comes from learning that someone took advantage of them. Our firm has over 85 years of experience in Florida estate planning law, and we can provide you with the aggressive representation that is needed to protect the legacy of someone you loved dearly.
Our skill and intricate knowledge of estate law makes us powerful advocates for our clients, and we offer to you that same commitment to excellence. This is a difficult time, but you do not have to face the probate courts alone. Crary Buchanan can give you the support and comprehensive legal counsel you need.
To request a consultation with a member of our legal team, contact Crary Buchanan today.