When You Suspect Your Loved One’s Will Is Invalid, The Florida Will Contest Lawyers at Wintter & Associates Will Guide You through a Contest of Will
Unfortunately, even when your loved one leaves a will behind, disputes can arise over its validity. Sometimes, the disputes themselves invalid, but at other times, there are legitimate legal concerns about whether or not the will is actually legally binding. There are generally two types of people who can contest a will – the beneficiary and the person or persons who would inherit property if the will was proved to be invalid. However, a contest of will is not going to stand up in court simply because one or more of those parties thinks the terms of the document are unfair. In order to be considered seriously in court, one of four legal concerns must be present.
- Non-Compliance with the Law – The will must have been created and signed according to Florida law. For example, if the will was not signed in the presence of two witnesses, this would be a valid reason to dispute a will in a court of law. Failure to comply with legal stipulations is the most common reason for a contest of will.
- Fraud – If a will was procured or signed by fraud, it is legally invalid. Fraud can occur when a testator is given false information that leads him or her into changing the terms of the will. It can also take place when a testator signs the will thinking it is another legal document. Unfortunately, fraudulent wills can be hard to prove because courts cannot obtain witness statements from the testator. If you suspect your loved one’s will is fraudulent, it is important to hire experienced probate attorneys like the lawyers at Wintter & Associates.
- Coercion or Undue Influence – In some cases, a family member or caregiver could put extreme pressure on the testator, causing them to change the terms of the will. This pressure can take the form of verbal, physical, or emotional abuse, blackmail, and financial deprivation. For the same reasons that fraud is difficult to prove, undue influence is also challenging to demonstrate, so it is important that you hire aggressive and experienced lawyers.
- Mental Incapacity – Sometimes, beneficiaries or potential beneficiaries will contest a will because they believe the testator was not mentally fit to create and sign a will. In Florida, laws governing mental capacity are very easy to bypass. In order to prove mental unfitness, you will need witness and doctor statements, as well as medical records.
The Florida Probate Attorneys at Wintter & Associates Have the Expertise to Handle the Difficult Task of Contesting a Will
Christopher Q. Wintter is one of only 350 attorneys in Florida to be Board Certified in Wills, Trusts, and Estates. He is also an experienced and recognized trial lawyer, meaning he can give you the best and most comprehensive legal guidance when you are facing a contest of will. Mr. Wintter has also been given the AV Preeminent Rating with LexisNexis Martindale-Hubbell in recognition of his superior courtroom ability and commitment to legal ethics. Because it can be difficult to prove that a will was invalid, if you are considering contesting your loved one’s will in South Florida, you want to make sure you have an aggressive and experienced attorney working for you. Christopher Q. Wintter and his associates have the knowledge, dedication, and years of experience that are truly necessary for a successful contest of will.
For a Contest of Will in Florida, Call Wintter & Associates to Discuss How Our Firm Can Serve You in Fort Lauderdale, Miami, Palm Beach, Boca Raton, and Hollywood
Wintter & Associates, P.A. provides experience in the specialized area of law that is needed for Florida contest of will. Attorney Christopher Q. Wintter, Esq. and his legal team provide thorough, ethical solutions that will serve you and your family now and into the future. To schedule a consultation, call our office at 954.920.7014 (Broward), 305.948.6788 (Miami-Dade), or 561.470.3448 (Palm Beach). If you would like for us to contact you, fill out our online form, and we will respond promptly.