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With a large elderly population, Florida will contests are numerous. A Florida will contest occurs when a family files a civil action, seeking damages, usually because of a claim of interference by a third party. In Florida, there are continual news stories about the undue influence of a caretaker that an elderly person or his/her family hired and who winds up with the majority of the assets in the will of the elderly person. There also are the gold digger claims by families after an elderly person marries someone many years younger than him or her and then gives the accused gold digger everything in the will.
One avenue for a Florida will contest is a procedural objection, which could be a challenge to the way a will was executed. The court could determine that it was not properly signed with the testator and two witnesses present, and render it invalid.
Another avenue for a Florida will contest is a substantive objection in which the family claims the testator was not of sound mind or under undue influence from someone else. Also, a beneficiary could claim a will was a product of fraud. If the court agrees, the will or part of it could be determined invalid and the estate could be settled through a formula established by Florida law.
A court proceeding in a Florida will contest will require expert testimony by someone in the medical field and factual testimony by whoever executed the will. Friends, neighbors and relatives also may have to testify.
Thomas Upchurch can consult with you about a Florida will contest. Call him at 386-506-8640 or e-mail email@example.com.