Legal Question in Wills and Trusts in Florida
Fathers will ......
My dad was diagnosed with cancer 2 months prior to his death. We as his children were not mentioned in his will at all. He also did not disinherit us either?? Can this be contested? Did he forget us? However, he leaves all assets to our step mother. We feel he was coerced into this. He was elderly and on medications at the time the will was drawn up. Can anyone provide insight on what our rights are??
2 Answers from Attorneys
Re: Fathers will ......
It certainly can be contested. It may not be easy, but you should contact a local attorney regarding the particular facts involved in your case and what evidence you have of coercion or lack of capacity.
Re: Fathers will ......
A will contest requires proof of lack of testamentary capacity and /or undue influence./ No easy task to prove since Florida law favors the will.
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