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Do you believe you have been unfairly excluded from a loved one’s will? If you believe that you are not receiving the proper amount of inheritance in a loved one’s will due to undue influence, fraud or another legal matter, we can help you contest it in probate litigation. In most cases, a will must be written, signed by the person who made it as well as any witnesses and dated by the will-maker. In the state of Florida, a holographic will, which is a handwritten, unwitnessed will, is not valid. Additionally, it must provide for certain individuals, including surviving spouses.
Reasons For Contesting A Will In Florida
Although you can’t challenge a will simply because you don’t like what it says, there are legal reasons for contesting a will. A will may be invalid for a number of reasons, including that the deceased spouse did not leave the living spouse his or her share of the “elective estate,” which includes the following:
- The probate estate
- Transfer-on-death accounts
- Life insurance surrender value
- Property given away by deceased spouse in the year prior to the death
If a child was born or adopted after the will was created, and the child was not mentioned in the will, he or she may be able to contest the will. In such situations, it may appear as though the child was unintentionally omitted and a judge can provide the child with a share of the property. There are many other reasons to contest a will, such as lack of capacity and undue influence. If you feel you have been unfairly excluded or not given enough inheritance, you should seek counsel from a probate litigation attorney on the Treasure Coast Florida today!
Hiring A Probate Litigation Attorney In Port St. Lucie Or Palm City
If you would like to contest a will, probate litigation attorney in Port St Lucie and Palm City Jon L. Martin can help you! Our clients come first, and we offer them caring and personalized service. Probate attorney on the Treasure Coast Jon L Martin understand that it may be difficult to handle financial matters while you are grieving, but it is important to contest wills in a timely manner as you may have only 90 days after the personal representative has provided you with the Notice of Administration or less if the will was not admitted to probate.