Legal Question in Wills and Trusts in Florida
Both my parents died in the past year. They lived in Florida. Their net worth would be around 3 to $5,000,000.00. They had 3 children. The youngest of the three lived with them for the past 5 years. She conivnced them she should get all their possessions. Bottom line she got it all and it's in their will dated Jan 08. My brother and I know she courced? them into changing their previous will. Sadly we don't have money to hire Attorneys to fight this! My question, is there any way to change the wrong she has done? Thanks Dan
3 Answers from Attorneys
You can certainly challenge her under litigation of "undue influence" and break the will. However, you will have to hire an attorney.
What physical evidence do you have besides you know she was coerced? If you have something, then you can challenge the Will, but you will need an attorney. Also, you may be able to have your attorney fees paid by the estate even if you lose. But you have to have something to go by, more than your opinion.
Also, by any chance did the Will not mention the other children? If so, then you have another argument. But if all children were named, but not left nothing, the argument won't work.
A will contest is difficult and expensive. Florida law starts with the presumption of validity.
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