Five Reasons To Contest A Tampa Will
A will serves as a guide through Hillsborough Probate Court hearings. In the event of a death, it provides an inventory of homes, cars, personal belongings, money in bank accounts, and other assets. A will also designates who is entitled to inherit from the estate and determines how any distributions are made.
Settlement of a will is often a sensitive manner, and significant amounts of property and assets may be at stake. Unfortunately, it is not uncommon for disputes to arise. Our Tampa probate lawyer shares five common reasons for a will contest in Florida.
- Improper Execution
There are websites and online tutorials that offer tips on how to create a do-it-yourself will. While this may seem simpler than going through an experienced Tampa estate planning lawyer, it could lead to claims of improper execution.
The legal requirements for creating a will vary from state to state, something online sources typically fail to factor in. Under the Florida Statutes, in order for a will to be considered valid, it must be signed by the testator (the person creating the will) and two disinterested witnesses. They may not be named in the will or have any interest in the estate, which generally rules out friends or family members.
- Legal Incapacity
The testator must be of sober and sound mind to create a will. Being overly medicated, suffering from dementia, or having other conditions that impact your judgment and reasoning skills are common reasons for a will contest. This often happens when a will is changed at the last minute, which may be due to misunderstandings, falling outs, or the influence of others involved.
- Undue Influence
We all have people in our lives whose opinions we value. There is a difference between seeking different perspectives from trusted family or friends when creating a will and undue influence. Undue influence involves taking advantage of a situation and putting pressure on the testator to make changes or include certain provisions in the will. These typically benefit the person exerting their influence.
- Coercion
Coercion takes undue influence a step further. Sadly, it is common in nursing homes and among unscrupulous caregivers. Coercion may involve actual threats, drugging the person, or otherwise abusing them in order to make them change their will.
- Fraud
Identifying theft and fraud are common problems and can also happen when creating a will. As opposed to undue influence or coercion, fraud is when someone forges a signature, changes legal documents, or otherwise takes actions to benefit themselves and deceive others without the testator’s knowledge or consent.
Contact Our Tampa Probate And Estate Planning Lawyer To Request A Consultation Today
A will determines who inherits from an estate and dictates rights to property and assets. Bubley & Bubley, P.A. provides trusted, local legal representation in creating a valid Florida will and can guide you in filing a will contest in Hillsborough County. Contact our Tampa probate and estate planning lawyer to request a consultation today.
Sources:
hillsclerk.com/court-services/probate-guardianship-and-trust
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html
