Legal Question in Wills and Trusts in Florida

Is there a way to contest my parents after their death if I feel that in their will they have left an exorbitant amount of money to a questionable religious organization?

Asked on 2/14/13, 5:55 am

4 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Only way is based on improper influence or diminished capacity on the testators parts. Hard to prove, requires significant factual basis to support it. You should contact a local attorney and review the facts. The mere distribution to the organization is not enough.

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Answered on 2/14/13, 6:25 am

Ronald Jones Ronald A. Jones, PA

Possibly. Undue influence and lack of or diminished capacity are two ways, but it's also possible that the will was not executed in conformity with Florida law, depending on the facts, particularly if the will was not drafted by and the signing overseen by an attorney.

You really do need to talk to lawyer about the details.

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Answered on 2/14/13, 6:36 am
Lucreita Becude Lucreita D. Becude, P.A.

My colleagues are correct. I suggest you speak with an attorney now as to what is going on with your parents. Without knowing the age and if they are being influenced by this organization is hard to say. If I can be of assistance please contact my office for an appointment 904-997-1031. They may need a plenary guardianship in order to keep them from contracting with others.

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Answered on 2/14/13, 7:24 am
David Slater David P. Slater, Esq.

Will contests are expensive, difficult and fact and witness specific. Can you prove undue influence or diminished capacity? I have been successful in the past.

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Answered on 2/14/13, 7:59 am

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