Legal Question in Wills and Trusts in Florida
My dad changed his will at 93 years old and left me out of it. I would like to attempt to reverse it now before he passes. He play favorities and giving all the money to my middle sister and kids, who have taken everything from him over the past 10 years. How can I contest this will?
3 Answers from Attorneys
Unless you have witnesses to prove duress or incapacity, forget it.
He is allowed to do anything he wants as long as he is of sound mind and others have not improperly influenced him. You don't have a legal right to the inheritance. You cannot contest the will until after his death. You should probably have a conversation with him about the issue.
You cannot challenge a Will in Florida until it is submitted for probate-which would mean your father has passed. That being said, you will then be notified of the submission of a petition for the appointment of an administrator; and you may, at that time, contest the validity of the Will if you have cause to do so-such as your sister unduly influencing your father into making a a Will with her as a beneficiary. Since your dad is 93, the issue of whether he had capacity at the time he signed the Will could be an issue. Note, however, your father had no duty to leave any of his children anything. So I agree with both Messrs. Slater and Stein.