Contested Wills in Daytona Beach, Florida

Find the right Contested Wills attorney in Daytona Beach, FL

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

Occasionally, testators leave out of their wills people who might naturally expect to inherit a significant 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 major 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.

You should remember that a will contest often results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

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

There are several reasons that a court in Daytona Beach, Florida might invalidate a will.

For instance, a will obtained through duress (a threat of harm, usually 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.

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.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Daytona Beach, Florida, and held to be invalid, this usually 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 Daytona Beach, Florida Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Daytona Beach, 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 and Estates Law Attorney now!

Life in Daytona Beach

Daytona Beach, Florida is known to many as a beautiful location to visit. Daytona Beach is a city located in Volusia County, Florida. What the beaches of Daytona are known for are its "hard packed" sand, which allows cars to smoothly drive on it. Therefore, tourists come to Daytona Beach year round for motorsports.

Daytona Beach's most popular attractions include ones that cater to motor sports, such as the Old Daytona Beach Roda Course, the Daytona International Speedway, and the Grand American Road Racing Association headquarters. Daytona Beach is also the headquarters for NASCAR. Each year, Daytona has Speedweeks, a race in early February where over 200,000 NASCAR fans come and attend the opening of Daytona 500. Other popular racing events include the NASCAR Coke Zero 400, Bike Week, Biketoberfest, and the Rolex 24 Hours of Daytona.

Being such a tourist attraction, a major part of the city's economy is tourism. The other main industry is manufacturing. Large corporations with a presence in Daytona Beach include Halifax Health, International Speedway Corporation, Gambro-Rental Products, Ladies Professional Golf Association, NASCAR, and SunTrust Bank. To handle the legal issues of these corporations, Daytona Beach is home to many law firms that train very capable attorneys. Therefore, corporations remain assured that any of their legal inquiries can be handled by the legal force in Daytona Beach.

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