Contesting a Will in Fort Lauderdale What You Need to Know

1. Contesting a Will in Fort Lauderdale: Contesting a Will in Fort Lauderdale: What You Need to Know What You Need to Know In Fort Lauderdale, Florida, contesting a will is a serious legal matter that often arises during emotionally difficult times. Whether you believe a loved one’s final wishes weren’t honored or suspect undue influence in the creation of the will, understanding the legal process is crucial. As experienced Fort Lauderdale will contest attorneys, we guide clients through this complex terrain with both compassion and precision. What Does It Mean to Contest a Will? Contesting a will means legally challenging its validity in probate court. This doesn’t simply mean you are unhappy with the distribution of assets; rather, it requires legal grounds recognized by Florida law. These challenges are usually brought by heirs or beneficiaries who believe they were wrongfully excluded or whose inheritance has been unfairly diminished. Legal Grounds for Contesting a Will in Florida To successfully challenge a will in Fort Lauderdale or anywhere in Florida, you must prove one or more of the following legal grounds: •Lack of Testamentary Capacity The person who made the will (the “testator”) must have had the mental ability to understand the extent of their property, the natural heirs, and the consequences of their decisions. If a will was signed while the testator was suffering from dementia or another cognitive impairment, this could be grounds for a contest.

2. •Undue Influence This is one of the most common claims in will contests. If someone in a position of power or trust (e.g., a caregiver, child, or spouse) manipulated the testator to alter the will in their favor, it can be legally challenged. •Fraud or Forgery If you believe the will was forged, or the testator was misled into signing it under false pretenses, this may invalidate the document. •Improper Execution Florida has strict rules for executing a valid will. It must be signed by the testator and two witnesses, all present at the same time. Any deviation from this could void the will. The Process: What to Expect Contesting a will involves filing a formal petition with the probate court. Timing is critical—under Florida law, you typically have 90 days after receiving the “Notice of Administration” to file your objection. This short deadline makes it essential to consult with a Fort Lauderdale estate litigation lawyer immediately if you suspect an issue. Once the petition is filed, both sides may engage in discovery, gathering documents and witness testimony. Mediation may be used to try to resolve disputes, but if an agreement can't be reached, the case will proceed to trial. Why You Need an Experienced Fort Lauderdale Will Contest Lawyer

3. Estate litigation is complex and emotionally charged. An experienced lawyer helps gather evidence, identify expert witnesses (such as medical professionals), and navigate procedural rules. At our firm, we specialize in high- conflict probate cases and are well-versed in the local courts’ expectations. We also help defend valid wills from baseless claims. In some cases, a disgruntled relative may try to contest a will out of spite or unrealistic expectations. We protect the true wishes of the deceased and the rights of rightful beneficiaries. Alternatives to Will Contests Sometimes litigation isn’t the best route. If there’s room for compromise, we often recommend mediation or settlement negotiations to preserve family relationships and reduce costs. However, when justice requires courtroom action, we are prepared to litigate aggressively on behalf of our clients. Final Thoughts If you’re considering contesting a will in Fort Lauderdale—or are facing a challenge to one—you don’t have to go through it alone. A skilled attorney can make a critical difference in protecting your inheritance rights or defending a loved one’s final wishes. With deep experience in Florida probate law and a strong local presence, our team is here to help.