Contested Wills in Coral Gables, Florida

Find the right Contested Wills attorney in Coral Gables, FL

In Coral Gables, 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 the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the general 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, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.

When Can a Will be Contested in Coral Gables, Florida?

Courts in Coral Gables, 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, 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. Nonetheless, 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 fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be really voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

So, you've succeeded in contesting the validity of a Coral Gables, Florida will. What happens to the property that was going to be distributed according to its terms? Usually, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Consequently, the old will can be given effect.

Can a Coral Gables, Florida Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reliable Coral Gables, Florida attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Coral Gables

Believe it or not, but Coral Gables is a city located southwest of Downtown Miami. When we all think of Miami, we think of South Beach, not the neighboring Coral Gables. However, about 42,249 people call Coral Gables home.

Some popular attractions in the area include the Miracle Mile, DeSoto Fountain, Coral Way Scenic Drive, Coral Gables Museum, Lowe Art Museum, and the Montgomery Botanical Center.

Since Coral Gables is a planned community, it is known for its strict zoning regulations. The city is very particular on what type of theme/atmosphere needs to be creating in what part. There via strict zoning regulations, residents must comply and aid the city in maintaining the desired look.

Coral Gables, being so close to Miami, has access to many law firms of all size, that practice in practically all areas. These firms train very competent attorneys to handle any and all legal matters. Thus, residents of Coral Gables can stay rest assured because any of their legal needs can easily be handled by the nearby legal force.

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