who is the best wills and contest lawyer in florida

Who is responsible for the costs of contesting a will?

Invalid Will in Florida. An invalid will is a will that is not executed in accordance with Florida law, which sets forth specific criteria that wills must meet, including: The will is in writing. The will is signed by the testator (the person creating the will) The …

Can I contest a will if there is an issue?

At Adrian Philip Thomas, P.A., we understand that estate litigation law is ever-developing in Florida, which is why we make great efforts to keep our legal professionals informed. Since 2002, our reputable legal team has represented thousands of clients in estate-related disputes, both prosecuting and defending.

How do I hire a local will attorney?

In Florida, a person must be at least 18 years of age and of sound mind to execute a valid will. But those aren’t the only requirements. In addition: A Florida will must be in writing—an attempted will may fail if the testator used another form, such as verbal statements or a recording, to make his or her wishes known.

Do I need a Wills lawyer?

Oct 15, 2020 · When interviewing a lawyer, the best factors to determine whether you are hiring the best probate lawyer are: level of education. length of time as a lawyer. area of legal concentration. The last is perhaps the most important factor of all when deciding which probate lawyer is best for you. For example, not long ago a lawyer on the other side ...

Is it easy to contest a will in Florida?

Yes. In Florida, if the probate process has not been completed, you may contest the Will. (Note: each state has its own rules on Will contests governing who may bring a contest, when, and on what grounds. So if you are considering a Will contest, check the laws of your state.)

How long does a beneficiary have to contest a will in Florida?

90 daysOnce a will is filed, it's required that creditors, beneficiaries, etc. are provided notice. Once notice is provided, you have 90 days to challenge the will before the probate process is complete.

What grounds do you need to contest a will in Florida?

The party who wishes to contest a will must file a petition in the probate court where the will is being probated, and request that the court revoke or deem the will invalid due to undue influence, fraud, coercion, or other legal grounds.

How much does a lawyer charge for a will in Florida?

The typical lawyer in Florida charges between $199 and $420 per hour....How much do lawyers charge in Florida?Practice TypeAverage Hourly RateWills & Estates$338Worker's Compensation$19924 more rows

How do you contest a will and win?

How do you contest a will?Consider consulting an estate attorney. This is an optional step, but many people choose to seek out the help of an attorney when contesting a will. ... File a claim with the probate court. ... Present your case to the court. ... The court will make a decision.Mar 26, 2021

What circumstances can a will be contested?

The main grounds to contest a will are: Lack of testamentary capacity (the mental capacity needed to make a valid will) Lack of due execution (a failure to meet the necessary formalities i.e. for the will to be in writing, signed and witnessed correctly)

Does it cost anything to contest a will?

The likely costs to contest a will Inheritance claims are a form of hostile litigation and the two general rules apply, namely: costs are in the discretion of the court; and. the losing party may be ordered to pay the winning parties costs.

Can a sibling contest a will?

Who can contest a will? Theoretically, anyone can challenge a will, whether that's a sibling, or someone who doesn't appear to benefit on first glance, but may be a residuary beneficiary. However, contesting a will is not something you should consider without good reason.Feb 1, 2021

What is the statute of limitations to contest a will in Florida?

Although Florida allows years to pass on claims before barring actions with a statute of limitations, the state only gives three (3) months for someone to contest a will.Feb 13, 2020

Do wills have to be filed with the court in Florida?

A note about wills: Whether or not probate will be necessary, Florida law requires that anyone who has possession of a will must file it with the local circuit court within 10 days of learning of the death. If a probate court proceeding is necessary, the court will determine whether or not the will is valid.

How much does an executor of a will get paid in Florida?

Your fee is based on the value of the estate. If the estate value is between $1 million and $5 million, your fee is 2.5% of the estate assets. If the estate value is between $5 million and $10 million, your fee is 2% of the estate assets. For assets over $10 million, the fee is 1.5% of of those assets.

Is a handwritten notarized will legal in Florida?

Although holographic wills are valid in many states across the country, they are not valid in Florida. A handwritten will is valid in Florida only if it has been properly signed and witnessed.Sep 18, 2017

What did the caretaker assert in the case of the decedent?

The caretaker asserted that the decedent was suffering from an insane delusion at the time the will was executed and that she thus lacked testamentary capacity. The decedent’s physicians testified regarding the medication that the decedent was taking and how it had changed her personality.

How to contest a will in Florida?

How Do I Contest a Will in Florida? The party who wishes to contest a will must file a petition in the probate court where the will is being probated, and request that the court revoke or deem the will invalid due to undue influence , fraud, coercion, or other legal grounds.

What is the meaning of "of sound mind" in Florida?

In 1953, the Florida Supreme Court held that being “of sound mind” meant the testator could generally understand the following: The nature and extent of their property. The relationship of those who would be the natural objects of their bounty. The practical effect of a will.

What is insane delusion?

Stokes, the Florida Supreme Court defined insane delusion as a “fixed false belief without hypothesis, having no foundation in reality.” Other Florida courts have expounded on this concept by adding that the fixed false belief must be persistently adhered to against all evidence and reason.

What is undue influence?

The theory underlying an undue influence claim is that the testator’s mind was so controlled by persuasion, pressure, and outside influences that they did not act voluntarily and were instead subject to the will power of another individual when executing the last will and testament. The person challenging the will for undue influence has the burden to establish the presumption of undue influence, which can be met by showing that the undue influencer:

How old do you have to be to make a will in Florida?

The testator must be of sound mind and at least 18 years of age for a will to be valid in Florida. If the testator was qualified to make the will, then the document itself needs to be examined to determine whether it was executed according to the following statutory formalities: A will must be in writing.

How does a will in Florida become void?

Under Florida law, a will is void if it is procured through fraud. Fraud defeats the testator’s wishes through deceit. There are four (4) general elements of fraud: False representations of material facts to the testator. Knowledge by the perpetrator that the representations are false.

What is the lack of testamentary capacity?

Lack of Testamentary Capacity. Wills need to be formally drafted, signed, witnessed, and executed by someone with full mental capacity. In other words, this individual must possess the ability to comprehend the assets, beneficiaries, and effect of the document.

How to contest a will in Florida?

In Florida, contesting a will is done through probate court. In most cases, challenges to a will must be submitted before the probate process is complete. More specifically, the challenge must be filed within three months of receiving notice regarding the will; this duration can be extended if notice was not provided and the probate process is still ongoing. There are many reasons for contesting a will in Florida; this ranges from issues with the document itself, to unfortunate foul play from a family member, caregiver, or another party. Needless to say, these cases can be highly complex and emotionally draining for those involved; therefore, legal representation by a Florida probate lawyer experienced in will contests is extremely vital for your case.

What happens if someone dies without a will?

When someone dies without a valid will, assets/property are considered “intestate” and the probate process becomes more lengthy and complex. If someone dies intestate, the State of Florida will try and determine who receives assets based on relation to the deceased individual.

What is a will in Florida?

Wills are an essential part of any estate plan and are applicable to anyone regardless of the size of their estate. Wills serve many purposes; for instance, they help provide care for loved ones after someone’s passing, detail funeral arrangements, and detail how assets are distributed post-mortem. The State of Florida has a specific process for the drafting, witnessing, and execution of a will. If this process is not properly followed, then the will has a better chance of being successfully challenged in probate court.

What is contesting a will?

Contesting a will on the grounds of undue influence basically contends that a third party manipulated someone into altering a will for their own personal gain. This may include executing or modifying the document or removing one or more of the beneficiaries from the estate.

Why is a will contested?

Common reasons a will is contested on the grounds of mental capacity involves testors with late-life diseases such as alzheimer’s and dementia. Other factors that may contribute to diminished mental capacity include: brain injuries, disability, intoxication (including prescribed medication), and more.

How to challenge a will based on undue influence?

In order to successfully challenge a will based on undue influence, several factors must be present. These factors include: The individual must have substantial benefit under the will. The person must possess a confidential relationship with the decedent. The individual was active in procuring the will.

How long does it take to file an elective share?

A: The surviving spouse must file his or her election within six months of being served with Letters of Administration or two years after the date of death—whichever comes first. It is possible to obtain an extension to claim the elective share, but there’s a deadline for that, too, so the sooner you speak with an experienced estate lawyer and gather the information you need to move forward, the better.

How much of an elective estate is a spouse entitled to in Florida?

A: Every state calculates the spouse’s elective share a bit differently. In Florida, the surviving spouse is entitled to 30% of the “elective estate.” However, determining exactly what is and is not included in the elective estate and the value of those assets can be complicated.

What is an elective share in Florida?

A: The elective share is just one factor in determining how much the surviving spouse will inherit in Florida. For example, if there is no provision for disposition of the deceased’s assets, the surviving spouse will receive either the entire estate or half of the estate—more than he or she would receive through the elective share.

How to make a will in Florida?

In Florida, a person must be at least 18 years of age and of sound mind to execute a valid will. But those aren’t the only requirements. In addition: 1 A Florida will must be in writing—an attempted will may fail if the testator used another form, such as verbal statements or a recording, to make his or her wishes known 2 A Florida will must be signed—even a written will may fail unless it was signed by the testator (or, under limited circumstances, by someone acting at his or her direction) 3 A Florida will must be signed by two qualified witnesses—each witness must sign the will in the presence of the other witness and the testator

Can an unmarried spouse inherit a will?

A: An unmarried partner can inherit if the deceased leaves behind a will, trust, or other vehicle that names the partner as a beneficiary. However, an unmarried partner is not entitled to inherit through intestate succession when there is no will, and will not be entitled to an elective share.

Can a testator create a will?

A testator must have the required mental capacity to create and execute a valid will. However, simply being competent to create a will doesn’t ensure that the document will withstand challenge. A will may also be contested on the grounds that the testator was subject to undue influence, was defrauded, or was subject to duress.

Can a will contest be based on duress?

Will contests based on duress are relatively uncommon, both because the level of conduct that supports a duress claim is unusual and because it can be very difficult to establish that a testator acted under duress once he or she is deceased. Although there are exceptions, duress is most likely to occur when the testator is isolated with and dependent on a relative or other caregiver.