Stuart Will Contests & Inheritance Dispute Lawyers
When a loved one passes away, disputes over their estate can arise, leading to stressful and emotional conflicts. Will contests and inheritance disputes often involve disagreements among family members, beneficiaries, or heirs about the terms of a will or trust, including the testator’s true intentions and capacity at the time the will or trust was created. At Kitroser Lewis & Mighdoll, our experienced Stuart will contests and inheritance dispute lawyers are here to guide you through these complex legal matters and help you resolve disputes efficiently and fairly.
Understanding Will Contests in Stuart
A will contest occurs when someone challenges the validity of a deceased person’s will. These challenges can be based on several legal grounds, including:
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Lack of Testamentary Capacity: The challenger may claim that the testator (the person who created the will) did not have the mental capacity to understand the implications of the will at the time it was executed.
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Undue Influence: This occurs when someone alleges that the testator was improperly influenced or coerced by another party into changing their will.
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Fraud: A will contest may be initiated if there is evidence that the testator was deceived or misled into signing a will that did not reflect their true intentions.
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Improper Execution: Florida law requires wills to be executed with specific formalities. Failure to follow these procedures, such as improper witnessing, can lead to a will being deemed invalid.
Will contests must be brought in probate court, and they are time-sensitive matters. In Florida, an interested party generally has 90 days to file a will contest once they receive notice of the will’s submission to probate. However, if they received formal notice before the will was submitted, they only have 20 days to file a challenge. In other situations, a challenge may occur at any time during the probate process.
Common Stuart Inheritance Disputes
Inheritance disputes can arise for many reasons, even when no will contest is involved. Some common issues include:
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Beneficiary Disputes: When beneficiaries disagree over the distribution of assets or claim that they were unfairly excluded or shortchanged, disputes can escalate.
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Trust Disputes: Conflicts may arise regarding the interpretation or administration of a trust, such as disagreements about how a trustee is managing or distributing trust assets.
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Executor Misconduct: Executors and personal representatives are tasked with managing and distributing the estate. If they fail to fulfill their duties or act inappropriately, heirs or beneficiaries may bring a legal challenge.
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Family Dynamics: Unfortunately, family tensions often surface when it comes time to distribute an estate, especially in cases involving blended families, second marriages, or estranged relatives.
Resolving Will Contests and Inheritance Disputes
The attorneys at Kitroser Lewis & Mighdoll understand that inheritance disputes can quickly become emotionally charged. Our goal is to minimize conflict while protecting your legal rights. We begin by thoroughly investigating the facts of the case, reviewing the will or trust, and examining any evidence related to undue influence, capacity, or fraud.
Our team strives to resolve disputes through negotiation and mediation whenever possible. However, when an amicable resolution cannot be reached, we are prepared to aggressively represent you in probate court. Our firm has extensive experience litigating will contests and inheritance disputes, and we understand the complexities of Florida probate law.
Protecting Your Inheritance Rights
If you believe a loved one’s will does not reflect their true wishes, or if you are involved in a dispute over a trust or inheritance, it is important to consult with an experienced probate attorney as soon as possible. At Kitroser Lewis & Mighdoll, we are dedicated to helping our clients in Stuart, Florida, navigate these challenging situations. Whether you are contesting a will, defending an estate from a challenge, or seeking to resolve a trust dispute, we are here to help.
Contact Kitroser Lewis & Mighdoll for Help With Will Contests and Inheritance Disputes in Stuart
Our Stuart estate planning and probate attorneys are ready to assist you in all aspects of will contests and inheritance disputes. We offer compassionate guidance and skilled legal representation to help you protect your inheritance and achieve a fair outcome. Contact Kitroser Lewis & Mighdoll today by calling 561-721-0600 or submitting our contact form to schedule a consultation and learn more about your options.