How Can The Validity Of A Will Or A Trust Be Determined?
The validity of a will or trust is sometimes determined based upon the four corners of the written instrument. In Florida, most wills and trusts have what is called a self-proving affidavit affixed to the document, with witnesses swearing that they watched the creator sign the document and that he or she was of sound mind or body when signing. A court will take that sworn affidavit as fact and establish that will without notice to anyone who could potentially complain. If the affidavit does not appear, then the witnesses to the will would be required to present an oath to the clerk of court or the judge stating that he or she watched the testator sign the will.
Once the will is admitted to probate as the last will and testament of the deceased person, potential aggrieved beneficiaries are able to file court proceedings to challenge the will because they know facts about why the document is invalid, which would not appear on the face of the document when the court admitted it to probate. Usually, validity is determined quite quickly and simply at the beginning of a probate proceeding, unless there is a third person who has facts not appearing on a will that can present a basis for a challenge.
Can A Decision Make By The Probate Court Judge Be Appealed?
A probate court judgment can always be appealed. The probate court in Florida is a circuit court and orders of a probate judge would be appealed to a particular Florida Court of Appeals. There, you present your appeal to a three-judge panel. Many probate court decisions have a standard of appeal review that does not lend itself to making you feel like your appeal will be successful. Most decisions are reviewed and appealable on an abuse of discretion standard, which is a more difficult appeal standard to overturn. Probate court decisions can be appealed, but in many cases, it is very tough to be successful in an appeal.
Do I Need An Attorney To Avoid Probate Or Trust Litigation?
You need an attorney to avoid potential probate or trust litigation because a primary badge of being able to overturn a will or a trust is the fact that it was done without the supervision of an attorney. It is much easier to challenge a will that was done without the aid of an attorney because the production and creation of that will may not have been done pursuant to Florida law, or it may have been actively procured by someone who was manipulating the testator. When it comes to actually challenging a will in court, you are not very likely to prevail if you do not use an estate or probate litigation attorney. There are so many legal and procedural challenges that a basic level attorney can easily defeat a non-attorney.
If you want to improve your chances of winning in court, you definitely need an attorney. If you are looking to improve your chances of having a higher presumption of the validity of your will, you should use an attorney. The legal fees to fix an incorrectly done will can be 10 times the cost of having an attorney do the job correctly from the beginning.
What Can An Estate Planning Attorney Do When There Are Objections?
If you are looking to prepare your will or trust to avoid estate or probate litigation, you should immediately bring it up with your attorney if you feel like your estate could be challenged by a certain person. Most estate attorneys are familiar with the personality types who may not have the ability to manage money well or with sound judgment, and the attorney can draft documents in such a way as to foreclose challenges. You also want clear evidence that you have not been manipulated by anyone influencing your decisions and that you have a clean medical bill of mental health while you are creating these documents.
How Can I Avoid Probate Litigation Altogether?
In order to avoid disputes regarding your estate, you should be very active and attentive to your estate planning wishes. This means routine maintenance and a quality relationship with your estate planning attorney. Whenever you are creating and signing these documents, you want to make sure that you have good medical documentation of your mental health status and that you have the ability to understand financial transactions. You can actually hire experts to give evaluations on ways of documenting the execution and the creation of your will to head off the challenges of beneficiaries. It all depends on how much money you want to spend to prevent these challenges to preserve your estate after you pass away.
For more information on Validity Of a Will Or Trust In Florida, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.
Call Us Today
(904) 398-6100
