To be successful and win a Miami will contest, one must have enough proof that the document is not the true last will and testament of the decedent. When contesting a will, the party making the claim must have sufficient grounds to contest the will under Florida law in order to obtain a favorable ruling from the Court. Typically, a will is contested by an omitted heir, surviving spouse or a beneficiary who either feels that they are being treated unfairly or believes that they are entitled to a larger share of the decedent’s assets.
Miami Will contests are initiated after a decedent’s death and must be filed within 90 days after the Notice of Administration has been filed or within 20 days from the time a formal notice has been filed before the will has been admitted to the Miami-Dade Probate Court.
Some of the grounds for challenging a Miami will are:
• Undue influence
• The testator lacked mental capacity
Some examples of successful will challenges:
One of the siblings was a mother’s primary caretaker and there are witnesses that can testify that he had undue influence over the mother’s decisions to leave him a larger portion of her estate. The mother was dependent on him for all of his decisions, and he was always prodding her to make the will.
A handwriting expert testifies in Court and shows by forensic evidence that a will has been forged.
The testator had severe dementia at the time she made the will. The attorney obtains copies of his medical records confirming his medical condition his physician testifies in Court that they were not able to make decisions.
Generally, the person contesting the will seek the advice of a Miami probate and estate attorney to review the will to determine if the person has sufficient grounds to file a will contest with the Miami-Dade Probate Court and will hire the attorney to represent them in the matter. If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.