Legal Options When You’re Left Out of a Florida Will

Discovering that you’ve been left out of a loved one’s Will can be heartbreaking, especially when the omission feels unexpected or unjust. The good news is, under certain circumstances, Florida law allows a disinherited individual to challenge a Will and seek relief through the courts.

Speak with a Pompano Beach estate litigation lawyer if you want to learn more about legal remedies. Seasoned attorneys are familiar with how courts have ruled in similar cases and can help you decide if pursuing litigation is the right path.

Legal Grounds to Challenge a Will in Florida

If you believe a Will does not reflect the true intentions of the deceased, or if you suspect wrongdoing played a role in the estate plan, you may have grounds to challenge the document. Common legal arguments include:

• Undue influence. If someone pressured or manipulated the decedent into changing their Will, especially when they were in a vulnerable state, the will may be invalid. This often involves a caretaker, new spouse, or distant relative suddenly receiving the bulk of the estate.
• Lack of capacity. A valid Will requires that the person signing it was of sound mind. If the individual suffered from dementia, mental illness, or was otherwise cognitively impaired at the time of signing, the Will can be contested.
• Fraud or forgery. A Will that was forged or signed under false pretenses is not legally enforceable. Evidence of tampering, missing pages, or altered documents may point to fraud.
• Improper execution. Florida has strict requirements for a Will’s validity. If it was not signed in the presence of two witnesses or lacks proper documentation, the court may declare it invalid.

Challenging a Will is not something to take lightly. Specific procedures and deadlines need to be met. You’ll also have to gather persuasive documentation, expert testimony (such as medical evaluations), and witness statements. A skilled attorney can help you navigate these complex legal waters and increase your chance of a favorable outcome.

Recent Florida Cases Show the Courts Are Watching

Florida courts take allegations of undue influence and fraud seriously. In one recent case, the Florida Fourth District Court of Appeal upheld a trial court’s decision to set aside a Will due to overwhelming evidence that a caregiver manipulated the elderly decedent.

In another dispute, a court addressed issues of testamentary capacity, ultimately ruling that a Will executed during a period of severe cognitive decline could not stand. In short, recent rulings show that disinherited heirs or beneficiaries have a legal path forward, but only when supported by strong evidence. Talk to a Pompano Beach estate litigation lawyer to have your situation reviewed.

Have you been left out of a Will and you believe it was due to undue influence, lack of capacity, or fraud? You don’t have to navigate this emotional and legal challenge alone. Speak with the estate attorneys at Mark R. Manceri, P.A. Experienced professionals are available to evaluate your case, protect your rights, and fight for the inheritance you may be legally entitled to. Schedule a confidential consultation today.