Contested Wills in Boynton Beach, Florida

Find the right Contested Wills attorney in Boynton Beach, FL

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

Sometimes, 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 example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the basic reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

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

A court in Boynton Beach, 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 obtained through duress (a threat of harm, typically physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

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.

If the contest is successful, a court in Boynton 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 Boynton Beach, Florida Contested Will Attorney Help?

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

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

Life in Boynton Beach

Boynton Beach is located in the beautiful county of Palm Beach, with a population of approximately 6614. It is a popular metropolitan city of South Florida. Many residents enjoy breathtaking water views from their abodes because Boynton Beach is located across from the Intracoastal Waterway, Ocean Ridge, and Briny Breezes.

Boynton Beach has a diverse population with Asians, Latinos, Caucasians, Blacks, etc. With such a diverse population, Boynton is home to many industries, including the tourist and hotel industries. Such businesses often need legal help. Therefore, Boynton Beach businesses and residents have the option of seeking legal aid from firms of all size in and near Boynton Beach. South Florida is home to many well-respected firms and law offices that train excellent attorneys. Therefore, businesses and residents of Boynton Beach should never have any issues obtaining capable legal counsel.

Famous residents of Boynton Beach include Vincent Mason, Marlon Byrd, Hilary McRae, Otis Thorpe, Karrie Webb, and Vince Wilfork.

Overall, Boynton Beach provides a beautiful atmosphere, a diverse population, and a wonderful quality of life.

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