How to Handle Contested Estates in Fort Lauderdale
Dealing with a loved one’s death is hard enough. When family members or other interested parties start disagreeing about how the estate should be handled, things can get complicated fast. Contested estates are more common than people think, and if you are caught in the middle of one, it helps to understand what you might be up against.
What Makes an Estate “Contested”?
An estate becomes contested when someone challenges the validity of a will or disputes how the estate is being administered. In Florida, a will can only be challenged after the person who made it has passed away. Under Florida Statute Section 732.518, a will contest cannot happen while the testator is still alive.
When a will is contested, the proceedings become what Florida law calls an “adversary proceeding.” Some of the most common reasons an estate ends up in dispute include:
- Allegations that the person who made the will lacked mental capacity at the time of signing.
- Claims that someone exerted undue influence over the person making the will.
- Arguments that the will was not properly executed under Florida law.
- Disputes over how the personal representative is managing or distributing assets.
- Concerns about a trustee failing to carry out the terms of a trust.
Any of these issues can turn what should be a straightforward process into prolonged and emotionally exhausting litigation.
What to Expect During the Process
Once a will is submitted to the probate court and a personal representative is appointed, interested parties typically have a limited window to raise any challenges. Timing matters here. Florida law generally requires that disputes be raised before an estate is closed, and some claims must be raised even earlier. Waiting too long can mean losing the right to contest entirely.
During the proceedings, both sides may go through discovery, which can include document requests, depositions, and testimony from experts on issues like mental capacity. If the dispute cannot be resolved through negotiation or mediation, it may go to trial, where a judge will decide on the validity of the will and how assets should be distributed.
Talk to a Fort Lauderdale Probate Litigation Attorney
If you are dealing with a contested estate, it is not something you want to handle alone. The rules and deadlines involved can be difficult to navigate without guidance. At Edward J. Jennings, P.A., we are here to help. Our Fort Lauderdale probate litigation attorneys have experience handling will contests, fiduciary disputes, and all types of estate conflicts in Broward County. If you have questions or need representation, reach out to us today. Call 954-764-4330 or fill out the online form to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.518.html
