A will contest is a legal dispute that arises when someone challenges the validity or fairness of a decedent’s will. These disputes can involve various claims related to the authenticity, execution, or mental state of the deceased at the time they created or amended the will. Here are the most common claims in a will contest:
1. Validity of the Will
This is the primary claim in any will contest. It involves challenging the authenticity of the will, alleging it was made under fraud, duress, or undue influence. Undue influence occurs when someone pressures or manipulates the decedent into changing their will or trust to benefit themselves, often at the expense of other family members or rightful beneficiaries.
2. Lack of Testamentary Capacity
For a will to be valid, the decedent must have the mental capacity to understand the nature and effect of their decisions. A claim based on lack of testamentary capacity argues that the decedent did not understand what they were doing when creating or changing the will due to mental illness, cognitive decline, or other impairments.
3. Improper Execution of the Will
Florida law has strict requirements regarding how a will must be executed, including the presence of witnesses and the decedent’s signature. If the will was not signed or witnessed correctly, it may be considered invalid. A claim of improper execution questions whether the will met the legal standards.
4. Revocation of Will
Florida law has strict requirements regarding how a will must be executed, including the presence of witnesses and the decedent’s signature. If the will was not signed or witnessed correctly, it may be considered invalid. A claim of improper execution questions whether the will met the legal standards.
A decedent has the right to revoke or destroy a will at any time. If someone argues that the decedent revoked or destroyed a will, claiming it’s no longer valid, this can lead to a contested probate case. Proving that a will was revoked involves providing evidence like physical destruction or a written statement of revocation.
5. Forgery
Alleging that a will is a forgery is one of the most serious claims. This might involve the decedent’s signature being forged, or the entire document being fabricated. This claim often requires forensic analysis of handwriting or other forms of evidence to prove that the will is not authentic.
If you’re involved in a will contest, it’s crucial to understand the legal grounds and the challenges involved in pursuing or defending such a claim. Consult an experienced attorney who specializes in inheritance disputes to guide you through the process.
Florida law has strict requirements regarding how a will must be executed, including the presence of witnesses and the decedent’s signature. If the will was not signed or witnessed correctly, it may be considered invalid. A claim of improper execution questions whether the will met the legal standards.
Disputes can arise when the terms of a will or trust are unclear or ambiguous. In such cases, Florida courts may be called upon to interpret the decedent’s intent and clarify the terms.
1. Disputes Over Ambiguous Wording
If the wording of a will or trust is unclear, parties may seek legal intervention to clarify the decedent’s intentions. Courts will consider the language in the document as well as extrinsic evidence.
2. Intent of the Decedent
Disputes often center around the true intent of the decedent. If a will or trust is ambiguous, courts may examine surrounding circumstances, such as prior drafts, testimony, or other evidence to determine what the decedent truly intended.
The personal representative (often referred to as the executor) is the individual responsible for managing and administering the decedent’s estate. Disputes may arise regarding the appointment, removal, or conduct of the personal representative, requiring litigation. The most common claims related to personal representatives include:
1. Appointment of the Personal Representative
A dispute may arise over who should be appointed to serve as the personal representative at the beginning of a probate action. This can occur if there are multiple potential candidates, or if an individual believes that someone else is unfit for the role.
2. Removal of Personal Representative
Personal representatives can be removed if they are failing in their duties including a failure to provide information to beneficiaries, engaged in self-dealing, or have conflicts of interest. A petition for removal may also arise if the personal representative is not acting in the best interests of the estate or beneficiaries.
3. Allegations of Mismanagement by Personal Representative
A personal representative must act in the best interest of the estate. Mismanagement of estate funds, failure to pay debts, or neglecting to carry out the decedent’s wishes can lead to claims for damages or a request for removal.
4. Replacement of Personal Representative
If the personal representative is not fulfilling their role, beneficiaries may seek to replace them with someone more suitable. A petition for replacement can arise when there are concerns about the handling of estate assets or other fiduciary concerns.
If you believe a personal representative is not acting in accordance with the law or the decedent’s wishes, it’s important to take immediate legal action to protect your interests in the estate.
Trust disputes can arise when there are disagreements regarding the validity, administration, or interpretation of a trust. These disputes can often involve significant assets and family dynamics, making them complex and contentious. Common claims in trust disputes include:
1. Trust Validity
A trust is a legal document that outlines how a decedent’s assets will be distributed after their death. Disputes may arise when there are allegations that the trust was created under fraud, undue influence, or that the decedent lacked the mental capacity to execute the trust. Contesting the validity of a trust often requires proving these claims with evidence.
2. Trustee Removal
A trustee is responsible for managing a trust according to its terms and for the benefit of the beneficiaries. If a trustee fails in their duties, perhaps through mismanagement, misconduct, or incompetence, beneficiaries may seek their removal. Removal may also occur due to conflicts of interest or other breaches of trust.
3. Trustee Accounting and Transparency
Beneficiaries have the right to request an accounting of the trust’s activities. This means a detailed report showing income, expenses, distributions, and investments. If a trustee refuses to provide transparency or appears to be hiding information, beneficiaries can request court intervention to ensure accountability.
4. Breach of Fiduciary Duty by Trustee
Trustees have a fiduciary duty to act in the best interest of the beneficiaries. A claim of breach of fiduciary duty arises when a trustee fails to meet their obligations, such as engaging in self-dealing, mismanagement of trust assets, or conflict of interest.
5. Trust Interpretation
Disputes may arise over the interpretation of the trust’s provisions. If the language is ambiguous or unclear, beneficiaries or other interested parties may seek clarification of the decedent’s intent. These disputes often involve presenting extrinsic evidence like letters, documents, or testimony.
Trust disputes can be complex and emotionally charged. If you find yourself in a trust dispute, consult with an attorney who can help protect your rights and interests.
Misappropriation of assets refers to the wrongful taking or mismanagement of estate or trust assets. When someone wrongfully removes or diverts assets, it can cause significant harm to the beneficiaries and complicate the probate process. Common claims related to the misappropriation of assets include:
1. Retrieving Property Wrongfully Taken
If someone takes physical assets, financial accounts, or other property from the estate without authorization, beneficiaries may need to take legal action to recover these assets. This can include valuable items with sentimental or monetary worth.
2. Conversion of Estate Assets
Conversion occurs when someone takes or uses estate assets for personal gain, essentially stealing from the estate. Legal action can be taken to recover these assets and hold the wrongdoer accountable.
Misappropriation claims often require forensic investigation to trace assets and uncover wrongdoing. Consulting an attorney can help you recover stolen or mismanaged estate assets.
In Florida, certain individuals may be entitled to claim financial support or maintenance from an estate, even if they were not named as beneficiaries in a will or trust. These claims often involve surviving spouses, children, or dependents. Some of the most common financial claims include:
1. Elective Share Claims
Florida law allows a surviving spouse to claim a portion (typically 30%) of the decedent’s estate, regardless of the terms of the decedent’s will. If a will attempts to disinherit the spouse, they may file an elective share claim to secure their entitled portion of the estate.
2. Claims by Children or Dependents for Support
Children or dependents who were not adequately provided for in the decedent’s estate planning may have a right to seek financial support. This is especially common in cases where the decedent had a legal obligation to provide for them.
Financial claims can be complex and require careful navigation of Florida’s inheritance laws. If you believe you are entitled to financial support or maintenance from an estate, contact a probate attorney to discuss your options.
When a person dies without a valid will, Florida’s intestate succession laws determine how their estate is divided. However, disputes can arise regarding who is entitled to inherit when there is no will, especially when there are conflicting claims about who is a rightful heir.
1. Claiming Heirship
In intestate cases, disputes often arise over the identity of rightful heirs. Individuals may claim to be the decedent’s spouse, child, or other family member, leading to conflict over the distribution of the estate.
If you believe you have a claim to an estate under intestate succession, it’s essential to understand Florida’s laws on inheritance and consult with an attorney to determine your rights.
Florida inheritance law allows individuals to designate beneficiaries for certain accounts and assets which is often referred to as Pay-on Death or POD Accounts. However, disputes often arise when these designations do not align with a decedent’s will or trust or when someone believes the decedent may have been unduly influenced by someone to change a beneficiary designation or add an individual to their account as a joint account holder.
1. Disputes Concerning Joint Tenancy with Right of Survivorship
Disagreements can occur over who is entitled to assets held in joint tenancy accounts after a decedent’s death. Florida’s laws give joint account holders the right of survivorship, but in some cases, a dispute may arise about the decedent’s intentions.
2. Beneficiary Designation Challenges
Life insurance policies, retirement accounts, and other financial accounts may have beneficiary designations that conflict with a will or trust. These disputes may involve claims of undue influence or fraud, especially if the decedent’s intentions were altered shortly before their death.
After the death of a loved one, disputes can arise when estate assets are distributed in a way that one party believes is unfair or inconsistent with the decedent’s wishes.
1. Claims of Improper Distribution
Claims may be made if a will or trust is not being followed properly, or if certain beneficiaries believe they are being unfairly treated. These disputes may arise from unequal treatment of heirs or from mismanagement of estate assets.
A Power of Attorney (POA) grants someone the authority to make decisions on behalf of another person, typically in the event of incapacity. However, disputes can arise if the person acting under a POA misuses their authority.
Improper Use of Power of Attorney occurs when an individual with POA authority uses it to act in their own interests, rather than for the benefit of the person who granted the power. This can include actions such as:1. Financial Mismanagement or Fraud
If the individual holding the POA steals assets, engages in self-dealing, or mismanages funds, they may face legal action from beneficiaries or family members seeking to recover misappropriated assets.
2. Exceeding the Scope of Authority
A POA only allows the agent to act within the boundaries of the authority granted. If the agent goes beyond these limits, it can be grounds for legal action. For example, making decisions contrary to the wishes or best interests of the principal can result in a claim of misuse.
3. Inappropriate Influence or Duress
If someone uses a POA to manipulate the principal into decisions they would not otherwise make, this can be considered undue influence. Legal actions can be taken to remove the agent and protect the principal’s assets.
Disputes regarding the misuse of a POA often require extensive investigation into financial records and personal actions of the agent. If you suspect misuse of a POA, it’s important to act quickly to protect the interests of the principal or their estate.
At Minot Law we are dedicated to addressing the serious issue of elder exploitation, abuse, and neglect—particularly common in Florida due to its large senior population. After their move to Florida, many Seniors find themselves alone and without loved ones nearby to care for them. This situation becomes ripe for a predatory relative, neighbor, friend, or caretaker to take advantage of the loneliness and dependency of old age. Our goal is to protect the personal rights of elderly individuals and seek justice for those who have been victimized by those they trusted. We also advocate on behalf of family members who have been harmed by the victimization of an elderly loved one through exploitation.
What Is Elder Exploitation?
Exploitation occurs when a person in a position of trust or confidence—such as a caregiver, family member, neighbor or friend—uses deception, intimidation, or manipulation to unlawfully gain control of a vulnerable adult’s property, funds, or assets.
Common Examples of Elder Exploitation
Elder abuse can take many forms. Some of the most common examples include:
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Misuse of fiduciary responsibilities: Wrongfully obtaining a power of attorney and abusing that power of attorney or other legal authority to misappropriate funds, transfer property, or make unauthorized financial decisions on behalf of the elderly individual.
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Undue Influence: Pressuring, influencing or intimidating an elder to modify or create estate planning documents in favor of the caregiver, family member, neighbor or friend.
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Unauthorized use of funds: Taking personal assets or using funds that were intended for the elder’s beneficiaries.
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Improper handling of accounts: Transferring or misusing funds from personal or joint bank accounts.
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Negligent asset management: Failing to properly manage an elder’s income or assets for their basic needs, including housing, medical care, and daily living expenses.
Possible Signs of Elder Abuse
Financial abuse often occurs in isolated circumstances, with perpetrators who are in positions of trust, such as caregivers, relatives, or even neighbors. Warning signs to look out for include:
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Unexplained large withdrawals or transfers of money, especially to an unfamiliar account.
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Checks written out to "cash" or an unusual pattern of ATM or bank withdrawals.
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Significant changes in the elderly individual’s financial habits, such as an increase in credit card charges or large purchases.
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Odd or mismatched signatures on checks, contracts, or documents.
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The elder's bank accounts are opened or modified to give others access, often “for convenience.”
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Excessive or unexplained reimbursements or gifts to a caregiver.
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Sudden and unexplained changes to property titles or deeds.
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Isolation of the elder from family members.
If you believe that an elder in your life is being financially exploited or abused, contact our office for legal assistance. Don’t wait for the situation to escalate. It is crucial to take action as soon as possible. Reach out to Minot Law today to discuss how we can help. We are committed to ensuring that your loved one is protected, and that the perpetrators of elder exploitation are held accountable for their actions.
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Mike Minot is an Amazing attorney! He was referred to me through a local attorney, so that in itself says alot. Mike was very well prepared, strategic, knowledgeable and well disciplined.
With his expertise and intelligence, I knew I was going to be well represented. I feel as if I had the BEST of the best. He genuinely cares and is very passionate about his clients. I’ve seen him in the courtroom and I have to say with all honesty, that I was literally blown away…wow, very impressive.
My case was a very personal one to me, so having Mike in my corner was an absolute God send.
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“Handling inheritance disputes is an area of law that requires not just legal expertise, but also empathy and patience. Many of my clients come to me feeling overwhelmed by family tensions and complicated legal battles, unsure of where to turn. I take great satisfaction in guiding them through this challenging process, ensuring their voices are heard and their inheritance rights are protected. While these situations are difficult, I find it rewarding to help my clients find resolution and peace during such trying times.” - Mike Minot