The situation is difficult enough when a loved one has passed away. This difficulty is increased when there is a disagreement over what the deceased’s final wishes actually were. This types of disagreements often stem from the deceased’s last will and testament. There may be an issue as to whether the will is valid, whether it is a forgery, or whether it was superseded by another will. Such claims involve complicated issues of fact and law and it is important that you retain an experienced attorney to assist you. Lindsey Gardner Shneyder is a Melbourne will dispute lawyer who handles such matters. Contact our office online or by telephone today to schedule an initial consultation.
Florida attorney assisting those who have been cut out or wish to challenge a last will and testament
It is possible to challenge the use of a last will and testament on multiple grounds. The most common reasons for a challenge involve claims that the testator (the person who made the will) lacked capacity at the time, that they were under duress, that the will does not follow the appropriate form, or that it is otherwise invalid. If the Court holds that the will is invalid then the deceased will typically be considered as having died “intestate” – meaning that they passed without a will. In such a scenario, the assets of the estate will be divided in a way that has been predetermined by the state of Florida. If the disputed will replaced a prior last will and testament, then it is also possible that the prior will can become effective.
Challenges to a last will and testament are heard by the Probate Division of the Circuit Court. A challenge must typically be filed within ninety days after the aggrieved party receives notice of the proceedings. A challenge may be brought by an “interested party.” These include beneficiaries in the will, beneficiaries of a prior will, and those who may inherit if the will is invalidated. The filing of a Petition to challenge the document will result in the probate proceedings being stayed while the dispute proceeds. Each side will be permitted to present evidence and a ruling will be issued by the Court. The Court may choose to uphold the will, to invalidate it, or the Court may invalidate individual parts of the document.
Lindsey Gardner Shneyder is a Melbourne attorney handling Florida challenges to a last will and testament. She will use your initial consultation to gain an understanding of the situation and to give an opinion as to whether or not you should proceed with the challenge. If a challenge is warranted, Lindsey will quickly file your Petition with the Court. She will work to gain all necessary evidence so that you may present the best possible case. Our firm recognizes that time can be of the essence in such matters. We will give your case the attention it deserves. Contact us online or give us a call to schedule an appointment.
Experienced Melbourne attorney representing those who wish to dispute a will
Lindsey understands that the death of a loved one is a difficult time for everyone involved. The need to challenge a will is likely to increase stress and anxiety for everyone involved. This is why she works to provide the highest level of representation and personal service. This includes timely responding to messages, quickly responding to emails, and making sure that she is available to answer your questions. Lindsey believes that everyone is entitled to effective representation and this is her promise in each and every case she handles.
Our lawyer also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.