We used Richard Ricciiardi about two years ago, and he charged us 500 for a revocable trust, and included durable POA and living wills for free. He was friendly and very efficient. Before writing this referral, I called his office to make sure he's still at the same office, and he is. He's just over the Veterans bridge, at (239) 689-1096. His receptionist actually emailed me a price list, and he's ...

Will Contest Attorney in Fort Myers

Contesting the Validity of a Will

When there is a death in the family, it is not uncommon for old emotions, long swept under the rug, to resurface. In some cases, long-forgotten disagreements are reignited by the death of a loved one when the contents of their will is revealed. At Powell, Jackman, Stevens & Ricciardi, P.A., we represent beneficiaries and personal representatives in will contests.

As Fort Myers probate lawyers, we have handled contentious issues involving wills and the contents thereof, and we are here to provide you with the personalized, tailored representation you need and deserve. Our mission is to provide you with unparalleled legal service that won't just meet your expectations, but will exceed them. Call us today to see how we can specifically assist you and your family.

Valid Grounds for Contesting a Will

Wills are essential estate planning documents that control the disposition of one's property upon death. Because Florida law wants to ensure that a decedent's creditors are paid and the beneficiaries receive their rightful share, Florida wills are admitted to probate – a court-supervised process for validating a will and settling an estate.

By their nature, wills are subject to fraud and undue influence, and because the court wants to ensure that a decedent's wishes are carried out, surviving family members have the right to challenge a will in the case of:

  • Undue influence
  • Lack of testamentary capacity
  • Fraud

Important Deadlines for Challenging a Will

In Florida, a person may challenge the validity of a will before the probate process is complete; however, if a will has not been submitted, it can be challenged regardless of how much time has elapsed.

Once a will has been admitted to probate court and the probate process is ongoing, the deadline will depend on whether or not the person contesting the will received notice about the will.

Work with Our Fort Myers Probate Attorney – (239) 970-6844

To contest a will, a Petition for the Revocation of Probate must be filed with the probate court. Any interested person, including a beneficiary under the will, may file this petition.

Pending the revocation of probate, the personal representative shall continue administrating the estate, except there will be no distribution of any property that would be distributed to a different person if the will contest is successful.

Whether you are a beneficiary or a personal representative, Your Advocates will stand for your rights and protect your interests throughout the court process.

Client satisfaction is our top priority, contact our Fort Myers probate lawyers today to learn how we can help you! We offer discounts for AARP members!

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