Will Contest Attorney in Florida

Swift Resolution of Will Contests

STEP ONE: Personalized Case Consultation and Evaluation

Your journey with us begins with a detailed consultation where we carefully evaluate your situation. We’ll take the time to understand your concerns, thoroughly assess the specifics of the will contest, and offer clear explanations of your legal options, ensuring you feel confident in your next steps.

STEP TWO: Crafting a Strategic Approach

Our seasoned will contest attorneys will examine your case's complexities, identify key legal issues, and craft a customized strategy designed to protect your interests. Whether through negotiation, mediation, or determined courtroom representation, we’ll ensure your case is handled with precision.

STEP THREE: Dedicated Advocacy for a Fair Resolution

Throughout the litigation process, MTM Law Firm will be your steadfast advocate, fighting for your rights every step of the way. We’re focused on achieving an efficient and fair resolution so you can put the dispute behind you and move forward with confidence and peace of mind.

Why Choose MTM Law Firm for Will Contests?

At MTM Law Firm, our experienced will contest attorneys provide clear guidance and strong representation in emotionally charged will disputes. We're dedicated to protecting your rights and ensuring you receive the inheritance you deserve.

Experienced Will Contest Attorneys

Our team has a deep understanding of Florida probate law and extensive experience handling will contests.

Compassionate Support

We recognize the emotional toll of will contests and provide empathetic support throughout the process.

Personalized Attention

We tailor our approach to your unique needs, ensuring your voice is heard, and your rights are protected.

Focus on Results

We're dedicated to achieving the best possible outcome for your case, whether through negotiation or litigation.

If you have questions about Probate or Will Contests issues, call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

Frequently Asked Questions Regarding Contested Wills

How is a will contest different from general probate litigation in Florida?

A will contest is a specific adversarial proceeding within the broader context of probate litigation in Florida. Its sole purpose is to challenge the legal validity of the will presented to the court. Grounds for a will contest are limited to issues such as improper execution, lack of testamentary capacity, fraud, or undue influence, as defined by Florida Statutes. In contrast, general probate litigation encompasses a much wider range of disputes that can arise during the entire estate administration process. This includes claims against the personal representative for breach of fiduciary duty or mismanagement of assets. It also involves creditors' claims, disputes over trust administration, or proceedings to determine homestead status. While a will contest directly attacks the foundational document of the estate, general probate litigation concerns the administration of the estate's assets under the court's supervision. Both are considered "adversary proceedings" governed by the Florida Rules of Civil Procedure. Critically, a will contest has a very strict and short deadline, typically 90 days after the Notice of Administration is served. Therefore, a will contest is a precise challenge to the will's legitimacy, whereas general probate litigation is a catch-all for various disputes affecting the estate's management and distribution.

What does improper execution mean, and what are the specific requirements for a valid will in Florida?

Improper execution means the will was not signed or witnessed in strict compliance with the mandatory legal formalities required by Florida Statutes §732.502. A single mistake in the signing ceremony, such as a missing signature or an improperly present witness, can be a ground for invalidating the entire document. Specifically, for a valid will in Florida, the document must be in writing. The testator, who must be at least 18 years old and of sound mind, must sign the will at the end. Alternatively, another person can subscribe the testator's name at the end in the testator's presence and direction. This signing, or the testator's acknowledgement of the signature, must be in the simultaneous presence of at least two attesting witnesses. Crucially, these two attesting witnesses must also sign the will in the simultaneous presence of the testator and of each other. Failure to meet this strict "in the presence of each other" requirement is a common cause of improper execution and a subsequent will contest. An improperly executed will can be declared void by a probate court, leading to the estate being distributed as if the deceased died without a will.

In Florida, What if the person who made the will was mistaken about their assets or beneficiaries?

Generally, a testator's mistake about facts, such as the identity of an asset or the welfare of a relative, will not invalidate an otherwise properly executed will. However, current Florida law permits the will to be contested on the specific statutory ground of mistake under §732.5165, which voids a will if its execution was procured by fraud, duress, undue influence, or mistake. Furthermore, Florida Statutes §732.615 allows an interested person to petition the court for the reformation of a will. The court may reform the terms of the will, even if unambiguous, to conform them to the testator's intent if a mistake of law or fact is proven. This mistake must be established by clear and convincing evidence, which is a high legal standard. For a successful reformation, the evidence must clearly demonstrate that both the will's terms and the accomplishment of the testator's intent were affected by the error. For example, a clerical mistake listing the wrong bank account number can potentially be corrected to honor the testator's true wishes. If the mistake is severe, such as a testator being induced to disinherit an heir based on a lie, a court might void the entire affected portion under the fraud or mistake statute. The law seeks to honor the testator's true intent, but courts require compelling evidence before altering or invalidating a written instrument.

Does a will contest automatically halt the probate process in Florida?

No, a will contest does not automatically halt the entire probate process in Florida, but it significantly impacts the proceedings. A will contest creates an adversary proceeding within the existing probate case, and this must be resolved before assets are distributed. Under Florida law, the court generally will not admit the contested will to probate or appoint a Personal Representative until the contest is resolved. An "interested person" who anticipates a contest should file a formal document called a caveat with the court. Filing a caveat is the most effective way to ensure that the court cannot admit a will to probate without serving formal notice on the caveator, providing a chance to object. Once the will has been formally admitted to probate, a party must file a Petition to Revoke Probate, which also initiates the legal challenge. While the litigation proceeds, the Personal Representative is typically limited to administrative tasks, as distributions must await the court's validation of the will. Consequently, a will contest effectively freezes the distribution phase of the estate until the validity of the document is judicially determined.

 Is it possible for a Contested Will case to be settled without going to trial in Florida?

Yes, it is absolutely possible for a contested will case in Florida to be settled without proceeding to a full trial. Florida law strongly encourages the resolution of disputes through alternative means, particularly in emotionally charged probate matters. Mediation is one of the most common methods, where a neutral third party assists the interested persons in reaching a voluntary, mutually acceptable compromise. In fact, many Florida circuit courts will actively mandate that parties participate in mediation before they are allowed to take a will contest to trial. Furthermore, Florida Statute §733.815 explicitly permits interested persons to enter into a written contract to alter the distributions they are entitled to. This allows the challenging party and the beneficiaries to craft a formal, binding settlement agreement that resolves the contest. Such a settlement, often a "global settlement," is a legally enforceable contract once approved by the probate court. Resolving the matter through a settlement or mediation saves the estate substantial legal fees and avoids the uncertainty of a court ruling. Therefore, most will contests in Florida are resolved through a voluntary agreement long before a trial takes place.

Probate and Will Contests Lawyers serving Polk County Florida, including: Lakeland, Winter Haven, Bartow, Auburndale, Babson Park, Bowling Green, Bradely Junction, Brewster, Combee Settlement, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Fussels Corner, Gibsonia, Green Pond, Haines City, Highland Park, Highlands City, Hillcrest Heights, Jan Phyl Village, Inwood, Kathleen, Lake Alfred, Lake Hamilton, Lake Wales, Lakeland Highlands, Mulberry, Polk City, Willow Oak, Wahneta, Waverley, Hillsborough County Florida, including: Tampa, Brandon, Plant City, Citrus Park, Temple Terrace, Apollo Beach, Balm, Bealsville, Bloomingdale, Cheval, Dover, Egypt Lake-Leto, Fort Lonesome, Gibsonton, Greater Carrollwood, Greater Sun Center, Gulf City, Hopewell, Keysville, Lake Magdalene, Lithia, Lutz, Mango, Orient Park, Palm River-Clair Mel, Pebble Creek, Progress Village, Riverview, Ruskin, Seffner, Sun City, Thonotosassa, Town 'N Country, Turkey Creek, Valrico, Westchase, Wimauma, Ybor City, Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Central Florida and throughout the State of Florida.