迈阿密 Probate Attorney: 争夺一个将

Contesting the Validity of a Will in Florida

下 Florida law, there are a number of ways to contest the validity of a will.  下 佛罗里达州遗嘱认证规则5.275 “in all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation.  之后, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.”

If you believe that a will is invalid, it is imperative that you act fast. You only have a limited amount of time to file a claim.   成功地挑战一个意志, a person must have extensive knowledge of Florida Statutes, 特别是遗嘱检验法典.  An experienced probate attorney will have intricate knowledge of the Probate Code and will help you understand the requirements for contesting a will and how to overcome defenses.  Because probate involves the death of a loved one, it can be sensitive to all involved parties.  At 12bet平台, we understand how difficult this may be to your family, and we are here to help.  If you believe that a will in which you are a beneficiary to is invalid, call our offices immediately 免费咨询.

If you want to speak with an experienced 迈阿密 probate attorney, contact 12bet平台 at (305) 402-9050 免费咨询.

缺乏遗嘱能力

佛罗里达法律732.501: “any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.” One of the most common ways to contest a will is in proving that the testator was not of sound mind 当遗嘱执行的时候.  In legal terms, an attorney would argue that there was a lack of testamentary capacity. 

The test for determining testamentary capacity was established in the case 在瑞维特庄园,139. 2 d 904(佛罗里达州. 经销. Ct. 应用程序. 1962). 根据之前的一些病例, the court determined that ‘sound mind’ means the ability of the testator “to mentally understand in a general way the nature and extent of the property to be disposed of, and the testator’s relation to those who would naturally claim a substantial benefit from the will, as well as a general understanding of the practical effect of the will as executed.”

不当立遗嘱

A will may also be invalidated if it was improperly executed.  F.S. 732.502 lays out the requirements for a properly executed will. 

 

Failure to properly execute a will under the Florida Statutes can render it invalid.  All codicils must be executed appropriately as well to be considered valid.

Proving Fraud, Duress or 不正当影响

最后, 成为一个被正确执行的遗嘱, the testator must be free from fraud, 胁迫, and undue influence at the time of execution.  F.S. 732.5165 状态:

“A will is void if the execution 是通过欺诈获得的吗, 胁迫, 错误, 或不正当影响. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. 如果遗嘱的撤销, 或其任何部分, 是通过欺诈获得的吗, 胁迫, 错误, 或不正当影响, 该撤销无效.”

对遗嘱提出异议是很困难的.  If you believe that a will was improperly executed, 在胁迫下签署, 欺诈或不当影响, or that the testator lacked a sound mind at the time of execution contact 12bet平台 免费的病例评估.

12bet中文官方网站迈阿密的遗嘱认证律师 at (305) 402-9050 今天.  We look forward to speaking with you to determine your options through a free case evaluation. 12bet平台 accepts many cases on a contingency-fee-basis.