Legal Question in Wills and Trusts in Florida
Contesting a Will
What are guidelines for successfully disputing a will. Our Uncle passed away, and the will was changed 5 months before death with a scribbled X for a signature. Substantial money is left for the caretaker of last two years and her daugther. All funds she could get her hands on from Uncle have been exhausted (safety deposit box) but investments safe since Broker knew family wanted it to stay put. Caretaker had power of attorney. Caretaker had previous incidents of legal disputes with another family - same situation. ?
2 Answers from Attorneys
Will Contest
Facts: Our Uncle passed away; his will was changed 5 months before death with a scribbled X for a signature. Substantial money was left for the caretaker of last two years and her daugther. Caretaker had previous incidents of legal disputes with another family - same situation
Q.What are guidelines for successfully disputing a will?
A. You must prove your Uncle was not of sound mind or was unduely influenced by his caretaker. You must present facts and evidence to the judge.
Get statements from those who saw your Uncle in the last two years and how he was treated and how he acted. What did the previous Will say? Who was the object of his affection? Who visited and cared for him before he passed away? What does his doctor say? The Hospital personnel, etc.?
Re: Contesting a Will
In the facts you described, it is certainly a matter which should be looked into by the natural beneficiaries. Fraud and forgery are crimes and if the facts find this, the will can be contested and revoked.
If I can assist, please let me know.
http:www.Florida-Legal.com
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