You can contest a will when you believe that someone you know has been forced to sign or create a will under pressure, force or physical threat.
Orlando and Winter Haven, Florida, attorney L. Reed Bloodworth explains that Duress occurs when a testator is under the threat of physical harm or coercion and is forced to change to a will.
If a person is forced to create or change a will, there are grounds for probate litigation.
Litigation is when one party tries to defend or enforce legal rights vs. another party in a lawsuit, or legal dispute.
Litigation occurs during formal probate. So litigation in probate can have many types of causes of action relate to different
Florida Statutes say that “a will is void if the execution is procured by duress, mistake, fraud, or undue influence.”
If duress is proven in the creation of a will, Florida Statutes also say that “A will is void if the execution is procured by fraud, duress, mistake, or undue influence.”
What factors prove duress in a Florida will dispute?
- The mental condition of the person under duress was caused by some improper and coercive conduct by the other side.
- That the act of the person under duress was involuntary and was not exerted under will or free choice.
If you feel that there is a problem with a loved one’s will and want to contest it, or if the will is currently in probate, you need to act quickly. If you are an interested person and have received formal notice of the Florida probate case, there is a time limit for you to act to challenge the will.
Clients pay attorney fees after a case is completed and when it pays out.
Contingency fee means that the client pays legal fees when the lawyer and case brings in money from the legal actions taken. Reed immediately begins work on the case to pursue a legal action that will yield financial results. Clients meanwhile are not billed, have to write a check, or pay by credit card to get a case moving. Every case is reviewed and there is no guarantee that it will qualify or be accepted as a contingency fee case but you should find out through talking with Reed.
Contingency fee cases are available for business litigation, and for trust and estate litigation cases.