Once a will has been through probate, having that will invalidated is challenging. Contesting a will is something that anyone can do; however, one of the reasons for probate court is to validate wills. Nearly every elder care attorney Lakewood Ranch Florida has to offer will tell you that judges rarely go against the wishes of the deceased unless there is a significant reason to rule against those wishes.
Luckily, every elder care attorney Lakewood Ranch Florida has practicing will agree that contesting a will is something that rarely happens in probate. The contest comes early in the process if it does happen before assets being distributed. When probate is finished, having the will invalidated or overturned is usually not possible.
Why are Wills Contested?
You might think that wills are contested often, especially in the world of the rich and famous where there are many assets; however, wills are not often challenged, and when they are, a legal reason must be present. A family member or friend cannot contest a will just because they don’t agree with the asset distribution or because they were precluded.
Some of the valid reasons to contest a will that an elder care attorney Lakewood Ranch Florida can walk you through include:
- The will wasn’t signed according to state laws, i.e., not having enough witnesses
- The will was created while the deceased was suffering a diminished mental capacity
- Someone inappropriately influenced the deceased in creating the will
- The signer of the will was tricked into signing it
- A new, more recent will has been found
During probate, the most recent will created in the most valid unless someone contests the will on the grounds outlined above or in the rare circumstance—something unique. One thing that people should keep in mind is that only those specifically named in the will or those who could inherit if the will were changed or invalidated can contest a will in probate.
If you need an elder care attorney in Lakewood Ranch Florida, contact The Law Office of Kimberly K. Muenter, P.A. at 941-254-2842.