Probate Lawyer in Plantation
Plantation, Florida is a municipality in Broward County. As of the 2010 U.S. Census, 84,955 people reside there. It is the main municipality of the Miami urban region. The name of the municipality originates from the land’s prior part-owner, the Everglades Plantation Company, and their efforts to create a rice plantation in the region.
Disputing a Florida Will
The Three Questions
Who Can Oppose a Will?
According to Florida law, a deceased person’s final wishes are given the maximum approval, and it is difficult to oppose somebody’s Will. The first obstacle placed by Florida statutes on a will contest claim is the decision of who is endeavoring to oppose the will. Not everybody gets to do this. Legitimately, the obstacle is termed proving up a person’s position to take legal action. The Florida Legislature has restricted position in will contests to “Interested persons” which have been explicitly legally defined.
Does a Person Have a Legitimate Foundation to Oppose Another Individual’s Will?
Just because a person is alarmed at the subject matter of a loved one’s Will does not mean that a Florida Court will permit him or her to fight to modify the issuing of the loved one’s property and estate. Even though the individual’s dead parent, aunt, uncle, or grandmother, for instance, told him or her for several years that he or she would obtain the book signed by Abraham Lincoln and yet, the Will does not keep the person to obtain this treasure, it does not mean that those assurances—and the individual’s testimony about those assurances—will be sufficient to rectify the wrong.
There are only specific legitimate arguments that Florida law acknowledges as causes to alter another person’s Last Will and Testament. What is the reason for this? Florida law approves somebody’s final wishes and endeavors to safeguard Wills from alteration. The following are lawfully legitimate reasons for opposing a Florida will:
- Undue Influence
- Lacking Testamentary Capacity
- Procedural Mistakes in the Will Itself (Illegal).
Is the Person Too Late?
Florida law restricts the amount of time a person must file an opposition to a Will. According to Florida Statute 733.212, every heir and beneficiary is to be served with a formal “Notice of Administration” of the Last Will and Testament. This Notice starts a ninety-day countdown for opposing the Will. Once the ninety days are up, the individual will be too late, and time stopped.
What to Do Now
If a person believes that there was misconduct surrounding the making of a loved one’s will or receives a Notice of Administration and have any concerns about the issuing of property pursuant to a Last Will and Testament according to Florida law and by Florida probate proceedings, it is then imperative not to hesitate or dawdle in having those concerns dealt with. Many Florida probate attorneys provide a free initial consultation, but no Florida probate lawyer can be of assistance to the individual if he or she wants to do something after the lawful time deadline has passed, no matter how unfair that result might be.