Contested Wills in Palm Harbor, Florida

Find the right Contested Wills attorney in Palm Harbor, FL

In Palm Harbor, Florida, there is a procedure through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If a massive amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause severe and irreversible damage to family relationships.

When Can a Will be Contested in Palm Harbor, Florida?

A court in Palm Harbor, Florida will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Normally, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Palm Harbor, Florida, and held to be invalid, this normally results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Palm Harbor, Florida Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A brilliant lawyer in Palm Harbor, Florida can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Palm Harbor

Palm Harbor, Florida is an unincorporated community in Pinellas County. It has a population of about 60,000 people, as of the 2000 Census. It is located on the Gulf of Mexico.

Palm Harbor, Florida is mostly a residential community, but it has several commercial districts, where most of the businesses are located. Each one of these districts has its own unique character. These business districts are fairly pedestrian-friendly, and boast several unique, locally-owned restaurants and retailers, as well as a handful of historic buildings. Palm Harbor is also known for its hilly geography, which is fairly uncommon in relatively flat Florida.

Palm Harbor is a popular tourist destination, owing to its proximity to the Gulf of Mexico. Its warm, subtropical climate makes it popular among residents who prefer that kind of weather, particularly retirees.

If you live in Palm Harbor, Florida, and find yourself in need of legal advice or services, chances are you'll be able to find what you need in the area. Palm Harbor, Florida lawyers practice in a wide variety of legal areas. If you need legal help, a Palm Harbor, Florida attorney is the person to call.

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