When someone prepares a last will, the odds are that their loved ones will be aware of what it says. After all, defining objectives for your heirs and recipients is an important part of efficient estate planning.
In rare circumstances, however, the provisions of the Will surprise the decedent’s loved ones. What, for example, caused the testator to reconsider distributing the inheritance between his children and grandchildren?
The new caretaker, who had only been hired a few months before the person died, walked away with a sizable portion of the estate—far more than some of the testator’s relatives.
That circumstance, more or less, isn’t unheard of. When those who knew the decedent well are taken aback by Will’s provisions, it’s a good sign.
Signs of Excessive Power
Undue influence frequently results in a decedent’s Will being riddled with ambiguous phrases. Here are some signs that someone you care about is being overly influenced:
- The testator’s mental ability has deteriorated.
- The testator is being separated from his family.
- A companion or carer who was previously unknown to the family begins spending a lot of time with the testator.
- The testator alleges that he or she has been subjected to emotional, psychological, or physical abuse.
Objecting to a Will
Nobody can question the validity of a Will for any reason, including improper influence. The challenger must be an interested person, which implies that he or she is either entitled to inherit under Florida intestacy rules or is named in the Will.
After the testator dies, the administrator or authorized agent of the decedent’s estate submits legal documents to start the probate procedure.
Interested parties will get a notification that the Will has been filed into probate at some point throughout the procedure before the probate assets are allocated to heirs. Those who are qualified to dispute the Will have 90 days from the date of service of this legal notice to do so.
The very tough part comes if you dispute the Will in time. You must persuade the court that the decedent’s Will was created, changed, or revoked as a result of undue influence. This is not an easy task. You’ll have to show that your loved one suffered from a variety of ailments.
An estate planning attorney’s Victorville assistance is vital at this point.
Conclusion
Will have the potential to trigger major family schisms. It’s not unusual for one or two family members to be resentful of their small inheritances. Outsized influence in the framework of Wills, trusts, and other estate planning papers, on the other hand, is a different story.If you have reached a probate situation then hire a probate attorney in Victorville.