A will is a common estate planning tool that sets forth the wishes of the deceased with respect to the distribution of his or her assets and property. Unfortunately, surviving family members do not always agree with the contents of a will, and they can quickly become at odds with one another over the will and the deceased’s property. For example, family members may become embroiled in a dispute over an unequal distribution of property or the spouse of a second marriage may be pitted against the deceased’s biological children of the first marriage. In such disputes, emotions run high, and the will contest process can be draining, both emotionally and financially.
Contesting a will is a complicated process that involves specific standards that must be met under the law. A will contest is based on allegations that a will does not reflect the actual intent of the deceased, that another person improperly influenced the deceased in making his or her will, or that the will is legally deficient in some way. In deciding a will contest, the court will consider issues such as undue influence, fraud, state of mind of the deceased, and other similar issues. By discussing your situation with an attorney with years of experience in will contest and related litigation matters, you can explore all available options and decide whether litigation would be effective or successful in your case.
Like most probate and trust-related litigation, a will contest can result in complex litigation that necessitates the assistance of an attorney who is experienced in will contest matters. The attorneys of SG have routinely handled will contests and related matters over the last few decades, and will vigorously advocate on your behalf. We have the knowledge and the experience to guide you through the often confusing and lengthy court process. For will contests and related matters in South Florida, Fort Lauderdale, and throughout the state of Florida, contact our office today for a consultation.