Dyson Law PLLC helps families receive their rightful inheritance through Trust and Will disputes.
The grief of losing a loved one is overwhelming and all-consuming. While you need to devote energy to grieving, you cannot ignore any Will or Trust issues arising during probate. The idea that someone took advantage of your loved one or is trying to go against his or her wishes is devastating. Fortunately, you don’t have to handle this yourself. Dyson Law PLLC handles Trust and Will disputes in Delray Beach and the rest of South Florida.
Our firm has handled numerous Will and Trust disputes, challenging illegitimate beneficiaries so the rightful heirs receive what’s legally theirs. We can step in and take the lead for you, so you can continue the mourning process without the added stress of a Will and Trust dispute.
Dyson Law PLLC represents clients during probate litigation. Common grounds for Will and Trust disputes include:
You must have legal standing to contest a Will in Florida. Legal standing is granted to “interested persons.” That means that beneficiaries, heirs, and creditors can contest the Will. Also, people who were expected to be beneficiaries but were left out of the Will can contest it.
If you have legal standing, you must then have grounds to contest the Will. One option is to contest the Will on the grounds that it isn’t valid. You can use this if it does not meet the criteria for a valid Will. Lack of testator capacity is another option for contesting the Will. If the testator was not of sound mind when drafting the document, you could dispute it based on these grounds.
Undue influence is yet another option for contesting a Will. If you believe that the deceased did not act freely when creating the Will, your Delray Beach Trust and Will dispute lawyer can contest it. Finally, you can file a claim based on fraud. If someone made fraudulent statements or representations that influenced the drafting of the Will, you could challenge the document in court.
Through our years of practice, our team at Dyson Law PLLC has been able to secure outstanding results for many individuals and families who have suffered harm as a result of negligent and wrongful conduct.
Beneficiaries and interested parties can challenge a Trust in South Florida. You also must have legal grounds to contest a Trust. Examples of legal grounds include undue influence, incapacity, fraud, and a defective Trust document.
You can also file a claim against the Trustee for breach of fiduciary duty. If the Trustee has not managed the assets properly, you can file a claim. Other examples of a breach of fiduciary duty include using the Trust for personal gain, failing to provide an accounting, and not defending the Trust against claims from third parties.
Florida law does not allow one spouse to disinherit another spouse in a Will or Trust unless there is a prenuptial or postnuptial agreement in place. If your spouse didn’t include you in his or her estate plan, you have a legal claim to receive 30 percent of the elective share of the estate. The elective estate includes the assets that pass through probate. It also includes some non-probable assets. Consult with a South Florida Trust and Will dispute attorney if your spouse attempted to disinherit you.
Fast action is necessary if you want to contest a Will in South Florida. The time limit is 90 days from the date you receive the Notice of Administration. Once that time has passed, you may no longer have a legal right to contest the Will. Contact a Trust and Will dispute lawyer in South Florida as soon as you receive the notice. Your attorney can then prepare your case for probate court.