If a family member who resided in Florida left a will or trust and you feel like your interests in the estate are not being handled fairly, or you need expert guidance navigating the probate process, you should speak to an attorney experienced in probate or estate litigation. There are many situations where a beneficiary perceives themselves to be wrongly deprived of their inheritance. In these circumstances an attorney who is experienced and has the resources to do a full investigation are required.
Lack Of Testamentary Capacity
Lack of testamentary capacity is a challenge where someone challenges whether the will or trust maker was intellectually competent at the time the will or trust was created.
If the will or trust maker was being influenced by someone to make a decision they wouldn't have ordinarily made, the will or trust could be challenged based on undue influence.
As it sounds, wills and trusts are sometimes challenged due to a mistake made by the will or trust maker or the attorney that prepared them.
Fraud and Duress
Wills and trusts can be challenged if someone forced the will or trust maker to make decisions they would not have ordinarily made. Further, if the will or trust maker was misled or somehow a victim of fraud, the will or trust can be challenged.
Failure to Execute With Required Formalities
Wills and trusts are sometimes challenged when a formal step in the process of executing the will or trust was skipped or completely missed. This can be a mistake on behalf of the will or trust maker, or the attorney who helped prepare the documents.
Estate and Probate Attorneys Ready to Serve You
When there's an issue with a will or trust, fighting it in litigation is both frustrating and stressful. DeLoach, Hofstra & Cavonis, P.A. offers a personal service to help you through the process while also providing the resources of a large litigation law firm to help you find resolution. If you have a probate issue you would like to discuss, call us at 727-397-5571.