Florida Law Has Strict Deadlines for Contesting a Will or Trust

Contesting a Will or Trust in Florida is a serious legal action, and one that must be pursued within very specific timeframes. Whether you’re concerned about the authenticity of a document or believe the person who created the Will or Trust lacked mental capacity, the clock starts ticking quickly after a loved one passes away.

If you’re in Florida and have questions about an Estate, have a conversation with a Pompano Beach estate litigation lawyer. Understanding deadlines is essential to protecting your rights and ensuring the decedent’s true wishes are honored.

Key Deadlines to Keep in Mind

Under Florida law, strict deadlines apply to anyone seeking to contest a Will or Trust. For Wills, once a formal notice of administration is served, you typically have 3 months to file a Will contest. In certain situations, the window may be shortened to 20 days from the date of service.

Generally, Trusts have a longer timeline. Challenges to a Trust are typically restricted to a 6-month deadline, which begins when the Trustee sends you a notice that includes a copy of the Trust and informs you of the time limit for contesting it. In certain situations, it may be limited to 3 months.

Missing deadlines can result in your claim being permanently barred, no matter how valid your concerns may be. While these general deadlines provide a starting point, each case has its own nuances. For example:

• If a Will was improperly executed or there’s reason to believe someone was coerced into making changes, the nature of the evidence could affect the timeline.
• Should you be in a situation where you were not given proper notice of the estate proceedings, your window to contest may be extended.

When a Trust was created in secret or amended shortly before death, determining when you were reasonably notified may be open to interpretation.

Legal guidance is important as complexities may arise. As soon as you connect with a lawyer, they can evaluate the facts of your case, calculate your deadlines accurately, and help you file the appropriate court documents on time.

Protecting Your Rights and Their Legacy

Moving to challenge a Will or Trust isn’t just about protecting your own interests. It’s about making sure your loved one’s wishes are respected. When someone is taken advantage of late in life or legal documents are manipulated, the results can be devastating for families, and contrary to what the deceased truly intended.

Whether you’re an heir, a disinherited child, or a concerned beneficiary, don’t delay. Florida’s legal system does not wait, and missing the appropriate filing window can mean forfeiting your right to seek justice altogether.

It is important to trust your gut, if you believe something isn’t right with a will or trust, speak with a qualified Pompano Beach estate litigation lawyer. They can help you understand your options and walk you through the process of taking timely action to uphold your loved one’s legacy.

Should you bring an estate challenge forward? The estate attorneys at Mark R. Manceri, P.A. are available to help. To get started, schedule a confidential consultation.