Legal Question in Wills and Trusts in Florida
How Do I Challenge My Mother's Will
I have discovered that my mother re-wrote her will after she was in a home diagnosed with dementia, beginning Alzheimer's, mild memory loss etc. I believe she was not in her right mind when she made this new will. I need to find out what forms to file and what procedures to follow in order to challenge the validity of this will. I am specifically named as being omitted from her estate. There are many other indications that this will was written hastily (errors in the will) and possibly under duress. I cannot afford an attorney and would like info on how to submit my challenge myself.
1 Answer from Attorneys
Re: How Do I Challenge My Mother's Will
If the will is being probated in Pennsylvania the first step is to file a Caveat with the Register of Wills in the County the will is being probated in within 10 days of the appearance of the will. The Caveat is a document which states all of the problems you are contesting in the will. Basically what happens next is there is a hearing in front of a judge who determines whether you prevail on your claim. The hearing is held just like a trial, so you need to know the rules of the court and all of the burdens you need to prove in your case.
Also, if you can't afford an attorney you may not be able to afford the hearing. In the county I am in you need to deposit $1000.00 before a hearing is scheduled for court costs and transcripts.
Will contests are not something you can really do alone, you are going to need an attorney or in all probability you are going to lose. There are too many pitfalls in this area of law.
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