Legal Question in Wills and Trusts in Florida

Any Will can be contested, but you must have grounds. The grounds that they were not involved in her life are not valid grounds. It happens all the time. Inheritances are not determined by worthwhile lifetime points earned with the decedent. But solely what the decedent wants to devise (which may not make sense to anyone else).

Valid grounds for contesting a Will are undue influence when she made the Will, diminished capacity when she made the Will, or invalid execution when she signed the Will. None of those appear to be present.

If you successfully contest the Will, unless there is the possibility of even an older Will that could be used, then the law would require each sibling to receive 25% each. So that would work against you, not in your favor. You would lose 15%.

Now as to the suspicious circumstances of her death. If it is determined that her cause of death was murder from a beneficiary, then that beneficiary would be treated as if they had predeceased the person they murdered. Their share (depending upon the Will) would either go to their lineal descendents (most likely), or would lapse (if the Will provided so).

By the way, the Will will have to be proved up to be admitted into court.

Hope this helps.

Mr. Kaplan is absolutely correct. If you wish to pursue the wrongful death, and you are located in my area please don't hesitate to contact my office for an appointment.