When to Consult a Probate Lawyer in Miami?

Contesting a Will in Miami

Do you want to contest the will of a family member? Wills may be contested for many reasons, including if the will was drawn improperly, evidence of fraud, the belief the will was drawn under undue influence or the belief the person who created the will was not of sound mind.

If you plan to contest a will, you will need an experienced Miami estate planning attorney by your side who has experience representing clients in probate litigation. Contesting a will may require consulting doctors, psychiatrists and other experts who can evaluate the medical records and handwriting of your loved one, or testify about how certain medication may affect someone's judgement or state of mind.

Winning a Will Contest in Miami

To be successful when you contest a will in Florida, you will need sufficient proof the will was not the true last will and testament, and you must have sufficient grounds to contest the will under Florida laws. As a probate lawyer in Miami will tell you, a will can usually be contested by an omitted heir, surviving spouse or a beneficiary who feels they have been treated unfairly or should receive a larger share of the assets.

Contesting a Will

After the decedent passes away, you may consult with a Miami estate planning attorney and file documents within 90 days after the Notice of Administration is filed, or within 20 days from the time a formal notice is filed before the will has been admitted to the Miami-Dade Probate Court.

Grounds for challenging a will include:

• Testator lacked mental capacity

• Fraud

• Coercion

• Duress

• Undue influence

• Elective share

• Allegations of a forged signature

• Allegations a beneficiary isolated a testator

• Violation of statutory requirements for a valid signature

Why to Consult a Probate Lawyer in Miami?

In the best case scenario, the creation of a will comes with some accountability and transparency. If estate planning decisions are made without notifying others, this lack of transparency may be a sign that something isn't right. In this case, questions about the validity of the will may be asked, particularly if the deceased person was sick or taking medication when the will was created. If the creator of the will was isolated from family by a main beneficiary, this is also a sign that something isn't right.

It's in these cases that it's particularly important to consult with a probate attorney. Miami law allows beneficiaries and omitted heirs to contest a will, but time is of the essence and there is a deadline. An attorney can evaluate the situation to determine which legal options are available, and review any relevant documents and perform an "audit" to make sure everything complies with Florida law.