When someone passes away, emotions run high. Sometimes, so do the questions about who inherits what. Maybe the will cut someone out for no apparent reason. Perhaps the signature looks shaky. Maybe a new will showed up out of nowhere. If something feels wrong, don’t brush it off. In Florida, you only get one shot to challenge a will, and there’s a deadline.
Who Can Challenge a Will in Florida?
Not just anyone can file a challenge. You must be what Florida calls an “interested person.” That usually means someone who would benefit if the will were thrown out, like a spouse, child, or someone named in an older will. If you don’t stand to lose or gain anything, the court won’t hear your case.
Common Legal Grounds to Challenge a Will
A Florida court might agree to toss out a will for a few key reasons. You can’t just say it’s “unfair, ”you need legal grounds, such as:
- Lack of Capacity
The person who made the will must have been of sound mind at the time. That means they understood what they were doing, what property they had, and who they were giving it to. If the person had advanced dementia or was heavily medicated, this could be a valid claim.
- Undue Influence
This happens when someone pressures or manipulates a person into changing their will. It’s not about being persuasive, it’s about control. If one person cuts everyone else out and is the only one with access near the end, that’s a red flag.
- Fraud
If the person was tricked into signing something they didn’t know was a will (or if someone forged a signature), that’s fraud. A will made under false pretenses isn’t valid in Florida.
- Improper Execution
Florida law requires specific rules when making a will. The person must sign it, and two witnesses must also sign in each other’s presence. If any of that is missing, the will might not hold up in court.
How Long Do You Have to Challenge a Will?
Time is short. Once the probate case is opened and you get notice, you usually only have 90 days to file your challenge. If you received a formal notice before probate was filed, the window may shrink to 20 days. If you miss the deadline, your chance is gone.
What Happens If the Challenge Succeeds?
If the court throws out the will, the estate usually falls back to an earlier will, if one exists. If there’s no valid will, the estate is handled under Florida’s intestate laws, which follow a set line of family members to receive the assets.
Will contests can take time and money. But if you do nothing and a faulty or fake will gets accepted, you cannot fix it later. If you have real concerns and a legal reason to act, it’s better to speak up than stay silent.
Just because a will was signed doesn’t mean it’s legal. If you’re unsure about what happened or think something isn’t right, don’t rely on guesswork. Florida law gives you the right to question, but only for a short time.
Call the Law Office of Ray Garcia, P.A.
If you have questions about a Florida will, whether you want to challenge it or defend it, give us a call. We work directly with people across South Florida to help them understand their rights, review deadlines, and take action before it’s too late.
Garcia & Garcia Attorneys at Law
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