Think Something’s Off About a Loved One’s Will? Here’s How Contesting It Actually Works

Finding out you were left out of a will, or that the terms just don’t sound like the person you knew, is a gut punch. Maybe a sibling suddenly got everything. Maybe an outsider entered the picture right before the person passed and somehow ended up with the house. It’s natural to wonder whether something wasn’t right.

Contesting a will in Fort Lauderdale probate court is possible, but it’s not something you can do just because you’re unhappy with how things turned out. There has to be a real legal basis, and there’s a strict deadline for raising it.

What Can Actually Get a Will Challenged

Florida courts don’t invalidate a will just because it feels unfair. A challenge generally has to point to something specific, such as:

• The person didn’t have the mental capacity to understand what they were signing.
• Someone pressured or manipulated them into changing their wishes.
• The document wasn’t signed or witnessed the way Florida law requires.
• The will is a forgery or was revoked by a later document.

Suspecting favoritism isn’t enough on its own. Courts want to see facts that connect to one of these categories.

The Deadline Is Shorter Than Most People Think

Once the personal representative serves you with a notice of administration, the clock starts running. Under Florida Statute 733.212, anyone who receives that notice generally has three months from the date of service to formally object to the will’s validity, or the right to challenge it is gone for good. There’s very little wiggle room built into that deadline, which is part of why moving quickly matters so much.

What Happens After You File

Once an objection is filed, the case shifts into something that looks a lot like a smaller civil lawsuit. Both sides can request documents, take depositions, and bring in experts to weigh in on things like mental capacity at the time the will was signed. The personal representative continues managing the estate while the dispute plays out, and depending on how contested things get, the matter may settle through negotiation or head to a trial where a judge decides which version of events controls.

Don’t Let the Deadline Pass While You’re Still Deciding

Three months goes by fast, especially while you’re also grieving and trying to sort out someone’s affairs. If something about a will doesn’t sit right, it’s worth having a conversation sooner rather than later so you understand where you stand and what your options actually are. Our Fort Lauderdale will contest attorneys help families work through exactly this kind of situation, and Edward J. Jennings, P.A. is ready to talk through your specific circumstances. Give our office a call to set up a consultation before the window on your case closes.

Source:

flsenate.gov/Laws/Statutes/2024/733.212