Navigating Will Contests In Tampa, Florida
Estate disputes are more common than most people realize. When someone passes away, interpersonal conflicts between family members can escalate. At times, that can lead to litigation that challenges the decedent’s will.
The death of a loved one always stirs up a lot of emotions, and a dispute over the will makes everything more difficult. You need to understand your legal options. I am attorney D. Christopher Alfonso, and I bring almost 20 years of experience to every case. When you need a will contest lawyer to help you find a resolution, get in touch with D. Christopher Alfonso, P.L., for a consultation.
Reasons For Contesting A Will In Florida
There are a number of valid reasons to challenge a will, including:
- Undue influence: When someone influences a person to change their will in a way that benefits that individual and potentially changes their inheritance
- Lack of capacity: Claiming that the elderly person lacked the mental capacity to draft or alter their own will
- Improper execution: The will has been applied incorrectly
- Fraud or forgery: The will is a fraudulent document that was written by someone other than the deceased
- Existence of a previous will: Some challenges arise when there are multiple drafts, and it has to be determined which one should be followed
If you are unsure whether you have a valid reason to contest a loved one’s will, it is wisest to seek legal guidance right away – before the estate moves through probate.
The Process For Contesting A Will And Potential Challenges
To challenge a will in Florida, you must file a formal petition with the probate court in the county where the deceased last resided. The petition must explain the “grounds” or reasons that the will is being contested and include supporting evidence. At that point, all interested parties will be notified so that negotiations or mediation can begin. If those processes fail, the case will eventually proceed to trial.
Exploring Your Legal Options
Whether you are responding to a will challenge or looking to initiate a will contest here in Tampa, you must know exactly what legal steps to take. Call 813-321-7354 or use the online contact form to get in touch with me and set up your initial consultation today.