Practice Areas - Will Contest Attorneys

Will Contests

When someone dies, dealing with their estate can be a source of strain for everyone who has been part of their lives - family members, friends, colleagues, and other close loved ones. One of the hardest things to deal with upon the loss of someone close is coming to terms with how they have decided to leave their affairs. In some cases, an aging relative's mental capacity may have deteriorated, another individual may have influenced the decisions being made by someone who was not in a sound state of mind at the time of their death, or the individual in question may have been forced to leave a will which leaves certain parts of their estate to people who are not deserving or connected to the will. In some instances, a will may not have been properly executed, signed or drawn up, thus rendering it invalid.

In any of these cases, it is possible to contest a will and try to gain a more favorable ruling that more closely matches what a family or individual feels might have been the deceased person's wishes. By discussing your situation and the information surrounding it with a qualified and knowledgeable attorney, you and your family will better understand your options when a loved one's will is in question. You may be able to challenge either an entire will or simply smaller sections of it.

To successfully challenge a will, one must prove one of the above things to be true - that the will was fraudulent, forced or completed under influence, that it was a forgery, that the individual lacked the mental capacity to understand what they were doing, or that the state's formal requirements have not been met.

Outcomes of will contests can range from a full invalidation of a will to invalidation of individual clauses of the will. Generally speaking, where there is suspicion of a will's validity, the assets of the estate will be frozen until the full proceedings have been carried out and a judge has made a decision about whether the will is valid or not. Any individual who is considering will contests as a way of changing the legacy a loved one has left behind should carefully consider their options with the advice of an attorney.

Our attorneys can help you assess whether it will be worthwhile contesting a will, and if you have enough evidence to fulfill the conditions mentioned above. We are able to advise you of the best course of action when considering will contests, and direct your actions throughout the proceedings in order to win you the most favorable outcome.

When a loved one passes away, it is a difficult time for everyone. Let us help you find an easier way to come to terms with your loss.



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Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Miami Beach, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach

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