Contested Wills in Pompano Beach, Florida

Find the right Contested Wills attorney in Pompano Beach, FL

In Pompano Beach, Florida, there is a process through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."

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

If a considerable 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 grave and irreversible damage to family relationships.

When Can a Will be Contested in Pompano Beach, Florida?

Courts in Pompano Beach, Florida will not let a person contest a will unless they have an excellent reason. There are, nonetheless, some allegations which will always invalidate a will, if they are proven.

For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Pompano Beach, 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, typically 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. Normally, 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 Pompano Beach, Florida Contested Will Attorney Help?

Contesting a will can be a perplexing, emotional, expensive, and time-consuming process. There is really no way around this. However, a reliable Pompano Beach, Florida wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Pompano Beach

Pompano Beach, Florida is a beach city in Broward County. It is mainly driven by the tourism and vacation industries. It has a population of over 104,000 people which swells to over 150,000 during summers due to the influx of vacationers. The city is well known for its laid back, tropical beach feel and "fun in the sun" approach to development.

Beach activities abound in Pompano Beach, Florida. "Pompano" refers to a type of fish, which reflects the city's popular sport fishing scene. Surfing is excellent in the area as its geography includes miles of beach. Pompano Beach's location in the middle of Florida's "Golden Coast" allows for convenient access to major sports and cultural arenas. Visitors and residents can watch sports teams like the Miami Heat and the Florida Marlins. Pompano Beach ranks among the highest in the nation's real estate markets for residential and vacation properties.

The local events at Pompano Beach cater to the community's health and fitness-centered character. A few examples include a "Green Market Beach", a Thanksgiving Day Triathlon, and the East Village Uncorked (healthy dining and wine tasting at restaurants). Pompano Beach, Florida boasts many world-class golf courses and horse racing at the Pompano Harness Track.

Lawyers in Pompano Beach, Florida typically file legal claims at the Broward County Courthouse. Pompano Beach lawyers are available to assist clients who need help with legal issues. Attorneys in Pompano Beach help members of the community obtain legal relief in a variety of forms.

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