Category: Software

CONTESTING A LAST WILL & TESTAMENT

Contesting a Last Will & Testament is a complex legal process and should be approached with careful consideration. The following are a few key points to understand about contesting a Last Will and Testament:

  1. Eligibility to Contest:
    • One must have legal standing to contest a Last Will. This typically means an individual must be a person who would stand to inherit if the Last will were declared invalid.
    • Common scenarios include being named in the Last Will and seeking more, being named in a previous version of the Last Will but excluded in the current one, or being a legal heir who would inherit if there were no Last Will.

 

  1. Reasons for Contesting:

    Contesting a Last will requires valid reasons. Common grounds include:

      • Mental Incompetence: If one believes the deceased person was not mentally competent when making the Last Will.
      • Undue Influence: If one suspects someone exerted undue influence on the deceased to include or exclude certain beneficiaries for personal gain.
      • Legal Formalities: If the Last Will lacks proper legal formalities, such as being unsigned or without the required number of witnesses.
      • Forgery or Fraud: If one believes the Last Will is a forgery or the result of fraud.
      • Existence of a More Recent Will: If one has evidence that a more recent valid Last Will exists.

 

  1. Legal Process:
    • Contesting a Last Will is a legal process that usually involves filing a petition with the probate court.
    • It is advisable to seek legal representation from an experienced attorney specializing in probate and estate litigation.

 

  1. Burden of Proof:
    • The person contesting the Last Will typically bears the burden of proving the grounds for contesting.
    • Evidence, such as medical records, witness statements, or other relevant documentation, may be required to substantiate one’s claims.

 

  1. Timelines:
    • There are time limits for contesting a Last Will, and these vary by jurisdiction.
    • It is crucial to initiate the legal process within the specified timeframe. Florida law mandates a strict filing deadline for Will contests. Any interested person must file a formal lawsuit contesting the Last Will within 90 days after the filing of the Notice of Administration—the document filed by the estate’s Personal Representative notifying the decedent’s heirs of probate court proceedings. If a Florida resident receives a Petition for Administration by formal notice, then they have only 20 days to contest the Last Will.

 

  1. Emotional Impact:
    • Contesting a Last Will can be emotionally challenging, especially considering the loss of a loved one and potential family conflicts.
    • It is important to weigh the emotional toll against the potential benefits and consider alternative dispute resolution methods, such as mediation.

 

  1. Legal Advice:
    • Consult with an experienced estate attorney to assess the merits of your case and understand the legal complexities involved.
    • An attorney can guide you through the process, help gather necessary evidence, and represent your interests in court.

Contesting a Last Will & Testament is not a simple or guaranteed process, and success depends on the specific circumstances of each case. If a person believes they have valid reasons to contest a Last Will, seeking legal advice promptly is crucial to understanding one’s options and taking appropriate action.

The foregoing is a brief and general overview of the topic.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Welfare of Parents and Senior Citizens | Legal Elder Services

Elder Law: Plan for your future today!

Caserta and Spiriti helps its clients obtain a working understanding of the many ways for elderly people in Florida to pay for long-term medical care . The area that most involves a high level of legal involvement for Floridians is Florida Medicaid planning because it is “need based” and has “spend down requirements”.   Currently, we apply basic strategies in order to preserve as much of your estate as possible while finding a way to get the long-term medical costs covered.

Using an annuity to fund a personal service contract, which is a common strategy in Florida,  may allow you to avoid giving a lump sum of cash assets to their caregiver, which would otherwise cause excessive income taxes as well as loss of control over the funds.  With an annuity, the caregiver receives a steady stream of income over the course of the contract.

Ask our attorneys about how to be smart and prepare for your family’s future.

For more information:

 Irech Colon

305-463-8808

info@csgfirm.com

Caserta & Spiriti relocate to THE WHITE HOUSE!

Caserta & Spiriti  has started 2018 by relocating its office to The White House Office Building in Miami Lakes, FL.  The White House Office Building is a Prestigous Office Building built in 1997 to resemble the Real White House in Washington, DC.

Decorated with spectacular art work of historical U.S. Presidents adorning the lobby entrance, the office of Caserta & Spiriti is ready more than ever to serve its clients from its new location near Don Shula’s Golf Course,  just off Miami Lakes Dr. (NW 154 St) Exit on Palmetto Expressway.

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