Legal Question in Wills and Trusts in Florida

Re: Validity of Will

You should contact a Florida attorney who specializes in Will contest cases as soon as possible.

You and your sisters may have a case if the Will was either executed improperly or was the product of undue influence [however, proving undue influence against a spouse is difficult, if not impossible, to prove].

Re: Validity of Will

If you can prove that the will is invalid, then it can be set aside. That is VERY difficult and usually very expensive. If the will is set aside and the estate then reverts to a "no will" scenario, the wife -- your step mother -- will get the first $60,000 of the estate and half thereafter. So, for instance, if the estate has $100,000 in it after bills and the like, she will get $80,000. Depending on the size of the estate, it may not be woth the time, cost, and turmoil to fight it.

Re: Validity of Will

I am not admitted to practice law in Florida; however, you should know that in all states, a VALID will trumps intestate succession. In other words, you and your sisters are your father's heirs only if he does not have a valid will. Do you know if his wife probated the Will?

Re: Validity of Will

I agree that you have a right to contest this Will, and concur that it can be very time consuming and expensive undertaking. You must act quickly, as there is usually a time limit for filing contests. You have to determine if what you will get, if you are successful, is worth the time, effort and expense, keeping in mind that a Will only operates on individually owned property. Thus, assets having joint registrations or those having a deignated beneficiary pass are not covered by the Will, although if the registration or designation of beneficiary was procured by fraud or undue influence.