FAQ

FAQ

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Can you contest a will in Florida?
Yes, you can contest a will in Florida on numerous grounds including (1) lack of testamentary capacity, i.e. sound mind; (2) undue influence; and (3) lack of requisite formalities, i.e. missing witnesses, etc. The grounds for your specific challenge will depend on the circumstances surrounding the will in question.
How to contest a will in Florida?
To contest a will in Florida you need to hire a probate or will contest lawyer who will file a petition to revoke probate of the will in the pending probate action (estate). The grounds for the challenge can include: (1) lack of testamentary capacity; (2) undue influence; and (3) lack of requisite formalities, i.e. missing witnesses, etc.
How hard is it to overturn a will in Florida?

It is very difficult to challenge a will in Florida. Ultimately, a court must rule that the will was invalid due to the testator lacking testamentary capacity (i.e. sound mind) or rule that the will is invalid because it was procured by undue influence. Getting an experienced attorney involved early in the process is key to ensuring you have the best opportunity to have the will overturned.

How long do you have to contest a will in Florida?
In most cases, you will only have three (3) months to challenge the will. If you do not contest the will within that time period, you claim is barred and you can not challenge the will.
Cost of contesting a will in Florida?
Expenses associated with contesting a will or trust in Florida include attorney’s fees, court filing fees, depositions transcripts, records requests, and expert witness fees.

The cost to contest a will largely depend on the details of your case, including the size of the estate. Larger estates may require more time to review, adding additional costs. In instances where fraud or undue influence would result in you being cut out of your rightful inheritance, consulting a seasoned probate litigation attorney is a great first step in understanding your options.

In certain cases, we handle these disputes on a contingency fee, meaning, you don’t pay any fees or costs unless we recover.

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