Legal Question in Wills and Trusts in Florida
Grounds and Limitations to Challenge Deceased Father'S Will
My father died in Florida in 2002.He had lived there for over 14 yrs, having moved there from the United Kingdom after the death of his wife (of over 35 years)and my mother.
He remarried quite quickly. He entered into a prenuptial agreement correctly insisted upon by his wife to be who was a very wealthy widow with 3 children. I have very good reason to raise questions on certain aspects of Dad's will,including probate formalities,capacity and validity.I need time to aquire the answers in a politically correct manner.
If the same circumstances existed in U.K one option would be to challenge or have the will re-written under the Inheritance Act 1995 for failing to reasonably provide adequate provision for family.Such action has strict time limits from the date of Probate.
Is there such or any procedure to challenge a deceased fathers will in Florida?
If so, are there time limitations?
2 Answers from Attorneys
Re: Grounds and Limitations to Challenge Deceased Father'S Will
With few exceptions, a will contest can be initiated anytime before the close of administration.
Re: Grounds and Limitations to Challenge Deceased Father'S Will
In Florida, one does not have to provide for adult children in their will. However, if one does not provide for a spouse, then the spouse may 'take' against the will (30% of the estate if there are outside children).
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