When contesting a will or trust, you can rely on attorney Daniel A. Seigel and the team at the Law Offices of Daniel A. Seigel, P.A. to fight for your interests and uphold the legacy of your loved one.
Contesting a Will or Trust in Boca Raton, Florida
The probate process in Florida is a legal procedure that settles the estate of a deceased individual, paying debts and distributing assets according to the current will or state intestacy laws if no valid will exists. But if your loved one’s estate planning documents include a will or trust that you believe is invalid, you may be able to initiate a will contest or a trust contest. If you believe a will or trust is invalid and you have legal standing as an interested person regarding the estate, our experienced estate attorneys can assess your unique situation and help you in contesting a will or trust if your concerns are warranted.
Normally, an interested party, usually the personal representative named in the will, begins the probate process by filing a petition with the probate court to open the estate. The court then authenticates the will and appoints the personal representative to manage the estate. If no personal representative is designated in the will, the court appoints one in compliance with state intestacy laws.
Since founding the Law Offices of Daniel A. Seigel, P.A., in 2012, Attorney Seigel has centered his practice on issues surrounding will contests and trust contests, offering comprehensive legal services tailored to meet the needs of each client. He and his team take pride in serving not only as legal advisors to clients, but also as counselors navigating the emotional elements of each case.
When assets are at stake, let us be your trusted partner for contesting a will or trust in a deceased loved one’s estate plan in Boca Raton. We understand you need a dedicated and experienced legal team to protect your rights and interests. Contact us at (561) 393-6005(561) 393-6005 to schedule a consultation.
Key Takeaways About Contesting a Will or Trust in Boca Raton, Florida
- Legal Grounds for Contesting: In Florida, a will or trust can be contested on several grounds, including undue influence, diminished mental capacity of the testator, fraud, duress, or improper execution. Contesting parties must provide evidence supporting their claims for the challenge to be considered by the court.
- Legal Right to Contest a Will or Trust: Not just anyone can contest a will or trust. An individual seeking a will contest or a trust contest must have legal standing, which Florida law defines as interested parties with a legal right or interest in the probate proceedings. An interested person includes a substantial beneficiary and other interested parties who would inherit under Florida’s intestacy laws if the will or trust were invalidated. Creditors and certain family members may also have standing in some situations.
- Time Limits for a Will Contest: Florida law imposes strict time limits for contesting a will. Generally, an interested person must contest the will within three months of receiving a document called a Notice of Administration from the probate court. Adhering to these deadlines is crucial to avoid losing the right to contest.
- Time Limits for a Trust Contest: The statute of limitations for trusts is generally four years from the occurrence of the breach or other actionable conduct. However, if a Notice of Trust is filed, the period may be shortened to six months. Acting promptly is critical because missing these deadlines can bar your claim.
- Initiating the Contest: The process begins by filing a petition with the probate court in the jurisdiction where the will is being probated. The petition should outline the grounds for contesting and provide supporting evidence.
- Burden of Proof: The burden of proof lies with the individual contesting the will or trust, who must prove that the legal document is invalid based on the grounds asserted. This effort often involves gathering substantial evidence and possibly expert testimony.
- Role of Mediation: Mediation can be a valuable tool in resolving disputes over a will or trust. Florida courts often encourage mediation to settle disagreements amicably without a prolonged court battle, saving time and reducing costs for all involved parties.
- Potential Outcomes: If a contest is successful, the court may invalidate the entire will or specific provisions. A successful will contest could lead to the deceased person’s assets being distributed according to a previous will or under Florida’s intestacy laws if no valid will exists.
- Legal Assistance and Considerations: Due to the complexity of probate laws and the emotional nature of will contests, seeking professional legal representation is in your best interests. At the Law Offices of Daniel A. Seigel, P.A., we offer personalized legal services to navigate through the complexities of trust and will contests. Whether you believe you have an undue influence claim or another valid reason, we can determine if your case has legal standing, provide strategic advice, help gather necessary evidence, and represent your interests in court effectively.
Florida Law Pertaining to a Contest Case Involving a Will or Trust
Florida laws governing the contesting of wills and trusts seek to protect the deceased’s final wishes and seek a fair resolution for all parties involved. As our experienced probate attorneys can attest, the following factors apply in such a situation as a contested will or a contested trust:
- Lack of Testamentary Capacity: In 1953 the Florida Supreme Court defined “being of sound mind” as the ability of the person creating or amending the will or trust to have sufficient mental capacity, meaning the person understands what they are doing, knows who their beneficiaries are, recognizes the nature and extent of their assets, and realizes the practical effect of establishing a will. If the testator is found to have been mentally incompetent when establishing the will provisions, it supports the case. For example, insane delusion is a form of mental incapacity where the person establishing the will believes something to be true even though it is false (Florida, in some cases, accepts insanity as grounds for invalidating the will or trust).
- Undue Influence: Florida case law has established a significant precedent for proving undue influence, which describes situations where someone manipulates or exerts pressure on an individual to change their last will and testament or trust in that person’s favor. Proving undue influence requires the challenger to prove that the influencer had a substantial benefit from the changes and that the deceased was vulnerable to their manipulation.
- Fraud: Fraud occurs when an individual uses deception or lies to make changes to a will or trust. To prove fraud, the challenging party must demonstrate that there was a misrepresentation of facts, knowledge of such misrepresentation by the perpetrator, reliance on those false statements by the deceased, and damages from such deceit.
- Improper Execution: In Florida, a will or trust must be executed according to specific legal requirements. Failure to adhere to these requirements can lead to the document being deemed invalid. For example, wills must be signed by the testator in the presence of two witnesses who also sign the document.
- Statute of Limitations: As mentioned earlier, Florida has strict time limits for contesting a will or trust. This is known as the statute of limitations and serves to prevent delays and ensure timely resolution of disputes.
Legal Grounds for Will Contests and Trust Contests
In Florida, you must have legal standing to contest a will or trust of a deceased person in a probate proceeding — meaning you must be an interested person, such as a beneficiary named in the will or trust, or someone who would inherit under Florida’s intestacy laws if the will or trust were invalidated. Creditors and certain family members may also have standing in some situations.
The Process for Pursuing a Will Contest
Contesting a will and its beneficiary designations requires filing a petition with the probate court. This petition must support your will contest case by outlining your reasons for challenging the will. The process includes gathering evidence, such as medical records or witness statements, to support your claim. The court will schedule hearings, and both parties can present their cases. If the court finds your claim valid, it may invalidate the entire will or specific provisions.
Florida Case Law and Undue Influence
Undue influence is a significant ground for contesting a will or trust in Florida. It occurs when someone exerts excessive pressure on a testator, causing them to make decisions against their true wishes. Florida courts use a specific set of criteria to determine whether undue influence has taken place.
Key legal principles in Florida case law focus on the concept that undue influence must amount to coercion, destroying the free agency of the testator. The burden of proof initially lies with the person contesting the will or trust, but it can shift if a presumption of undue influence occurs, generally because the contestant can demonstrate:
- A substantial beneficiary had a confidential relationship with the testator.
- The beneficiary was active in procuring the execution of the last will and testament.
In the landmark case of Carpenter v. Carpenter, the Florida Supreme Court outlined several factors to identify undue influence, such as:
- The presence of the beneficiary at the execution of the will.
- The beneficiary’s involvement in drafting the will.
- The testator’s reliance on the beneficiary for daily needs.
- A significant change in the testamentary plan favoring the beneficiary.
- The testator’s vulnerability, such as mental or physical weakness.
Once these factors are demonstrated in a will contest, it creates a presumption of undue influence, thus shifting the burden of proof to the beneficiary to rebut the presumption.
Courts will closely examine the relationship between the influencer and the testator, assessing the testator’s mental and physical state to determine their susceptibility to influence. They will also consider any suspicious circumstances, such as isolating the testator from family and friends or manipulating the testator’s perception of other beneficiaries.
Florida law emphasizes a thorough investigation into the dynamics between the parties involved in an effort to prove that any will or trust reflects the true intentions of the testator, free from coercive influences.
What if the Will Contains a No Contest Clause?
Florida does not recognize no-contest clauses — also known as in terrorem clauses — in wills or trusts. These clauses, which attempt to disinherit someone for contesting an estate planning document, are not enforceable in Florida. Therefore, interested parties with valid grounds can contest a will or trust without fear of automatic disinheritance.
How Does a Surviving Spouse Affect a Will Contest in Florida?
Florida law protects a surviving spouse from being disinherited in a last will and testament. Even if the will leaves property to another family member or other parties, the surviving spouse is entitled to a minimum of 30% of the estate, known as the elective share. As estate planning attorneys know, Florida enacted the elective share to protect surviving spouses who were left out of the last will and testament or afforded only a small portion of the estate in the deceased person’s estate plan.
Statute of Limitations for Will Contests and Trust Contests in Florida
The time limit, or statute of limitations, for contesting a will in Florida is generally three months from the date of service of the Notice of Administration. For trusts, the statute of limitations is typically four years from the occurrence of the breach or other actionable conduct. However, if a Notice of Trust is filed, the period may be shortened to six months. Acting promptly is critical because missing these deadlines can bar your claim.
Do I Need the Help of An Experienced Legal Professional in Boca Raton, Florida?
If the probate process is still open and you believe your loved one’s estate plan includes an invalid will or trust, seeking the services of a knowledgeable and experienced law firm is in your best interests. A skilled attorney can assess your reasons for a contested will or trust, determine if there are legal grounds for a case, and gather the required evidence to support your case.
Daniel A. Seigel has extensive experience contesting wills and trusts, leading to substantial financial recoveries for clients. Conversely, Attorney Seigel is frequently retained by fiduciaries to defend the validity of such documents.
Some highlights include:
- Successfully defended a personal representative in a lawsuit filed by a disinherited individual, who alleged that the will was invalid (petitioner eventually filed voluntary dismissal).
- Represented a plaintiff in litigation to invalidate a trust, involving claim of intentional interference with inheritance expectation and undue influence, leading to favorable settlement for client.
- Represented a plaintiff in a lawsuit seeking to invalidate estate planning documents due to testator’s lack of capacity and undue influence, leading to favorable settlement for client.
When Assets are at Stake, Trust the Law Offices of Daniel A. Seigel, P.A. in Boca Raton, Florida
Contesting a will or trust can create emotional, financial, and legal hardships, but you don’t have to face it alone. The Law Offices of Daniel A. Seigel, P.A. is here to provide the legal guidance and advocacy you need. We understand that will contests and trust conflicts can cause more devastation during a time of grief, and we are committed to helping you resolve these issues with professionalism and integrity.
Contact our Boca Raton office today at (561) 393-6005(561) 393-6005 or complete our online form to schedule a consultation.
When assets are at stake, you can rely on the Law Offices of Daniel A. Seigel, P.A. to fight for your interests and uphold the legacy of your loved ones.