Challenging a Will in Florida - A Short Primer
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Challenging a Will in Florida: A Quick Guide
Overview
As medical advancements keep our bodies alive longer than our minds might function optimally, there can be opportunities for manipulation. Family members and others sometimes exploit this to alter an elderly person's estate plan. Such actions can harm both the elderly individual and rightful heirs. This guide explains the essentials of challenging a will in Florida.
Keywords
Florida Will Contest
Understanding Will Challenges
With modern medicine sustaining physical health even as mental acuity declines, some individuals may attempt to alter an elderly person's estate plan. When family members discover these changes, they might contest the will on grounds such as undue influence, lack of capacity, or legal noncompliance. It's important to note that a will can only be contested after the testator's death, though evidence can be collected beforehand. After death, the Personal Representative issues a Notice of Administration, initiating a 90-day period to contest the will or the appointment of the Personal Representative.
Proper Execution of a Will
For a will to be valid, it must be signed by the testator in the presence of two witnesses, who also sign at the same time. Challenges can arise if these conditions aren't met. Florida courts have invalidated wills not properly witnessed, such as when a witness is in an adjoining room instead of being present during the signing.
Mental Competency Requirements
Florida law mandates that a testator must be mentally competent when making a will, fully understanding their assets and intended beneficiaries. A will can be voided if lack of capacity is proven. This is typically demonstrated through a medical diagnosis of dementia, Alzheimer's, or similar conditions, or by witness testimony regarding irrational behavior of the testator at the time of the will's execution.
Undue Influence
A will may be contested on the grounds of undue influence if the testator was coerced into signing it due to improper pressure from someone like a relative or caretaker. Often, undue influencers disrupt long-standing estate plans, diverting assets away from direct descendants or close relatives.
Undue influencers can include new acquaintances who appear during the testator’s final years, or even a caregiver child who pressures the testator to exclude other children. Health care workers may also pressure changes by threatening to withhold care. The "Estate of Carpenter" case is a key reference for undue influence issues in Florida.
Challenges with Bequests to a Surviving Spouse
Courts are generally cautious about overturning bequests to a surviving spouse due to the significance of marriage. However, severe cases might lead to the removal of such a bequest, although the surviving spouse is entitled to an elective share (30% in Florida) unless overridden by a valid marital agreement.
Legal Process
Will contests are handled in the probate division of the circuit court, without jury trials. No-contest clauses in wills or trusts are not recognized in Florida and are ignored in litigation.
This guide aims to give you a basic understanding of contesting a will in Florida, highlighting the need for careful assessment and legal consultation when facing such situations.
You can find the original non-AI version of this article here: Challenging a Will in Florida - A Short Primer.
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