Contested Wills in Pembroke Pines, Florida

Find the right Contested Wills attorney in Pembroke Pines, FL

In Pembroke Pines, 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 Pembroke Pines, Florida?

A court in Pembroke Pines, 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.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

If the contest is successful, a court in Pembroke Pines, Florida might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, normally passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Usually, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Pembroke Pines, Florida Contested Will Attorney Help?

Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Pembroke Pines, Florida attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Pembroke Pines

Pembroke Pines is the 157th largest city in the United States and still manages to win "All America City Awards" and outstanding achievement in the Civil Livability Awards Program. The 150,000 residents of Pembroke Pines are also within the limits of Broward County that has won the Five Star School Award from the Florida department of Education. The schools were recognized for outstanding community involvement exemplifying the city's motto: "Join us and progress with us." Pembroke Pines was originally incorporated in 1960 and was named for the nearby road, Pembroke Road. The convenient location along the Florida Turnpike makes it a great place for commerce. In addition to an airport and the Broward Correctional Institution, Pembroke Pines also plays host to some of the best shopping in all of Broward County and maybe even the state. There are a number of shopping centers, malls, and outlet stores nearby. Many celebrities and sports stars call Pembroke Pines home. Baseball players Manny Ramirez, Jeff Fiorentino, Mike Napoli, and Miami Dolphins wide receiver Kendall Newson all call Pembroke Pines home. Demographically, Pembroke Pines is very diverse. Many lawyers are residents of Pembroke Pines and are familiar with local legal issues and procedures. Pembroke Pines lawyers are knowledgeable of the Florida State Judicial System and will be able to help you figure out your options and fight for you.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH