Florida  |  Wills and Trusts

Legal Question

Asked on: 8/19/12, 3:38 am

If a parent passes away, and they are mentally incompetent, and they leave their estate to a church, can the children protest the will

4 Answers


Answered on: 8/19/12, 4:09 am by Kelly Henderson

For a will to be valid in Florida the person must be competent. They must also make the Will free from any undue influence of persons receiving assets under the Will. Note that Florida law place time limits when objections to a Will may be filed. I suggest you speak with an attorney if you believe your parent was not competent at the time they signed their Will.


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Answered on: 8/19/12, 6:04 am by Sanford M. Martin

An important issue is whether the person was sound of mind at the time of

executing the will. Subsequent lack of mental capacity is irrelevant. Leaving

assets to a religious entity does not indicate mental incompetence.


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Sanford M. Martin, P.A. P.O. Box 110554 Naples, FL 34108-0110

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Answered on: 8/19/12, 7:05 am by Barry Stein

Consult a competent probate attorney. Both answers are very appropriate and on point. All facts must be considered in a circumstance such as this.


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De Cardenas, Freixas, Stein & Zachary 25 SE 2nd Avenue Suite 425 Miami, FL 33131

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Answered on: 8/19/12, 8:15 am by David Slater

He may, if he had a lucid moment. A will contest (which i have done) may be required.


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David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496

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