QUESTION
Is there a way to get a portion of my father's estate even if I'm nit named in his will?
Asked on Aug 23rd, 2012 on Wills and Probate - Florida
More details to this question:
My Dad died on 06/17/2012 and I just found out today. There was bad blood between my father, my brother and I and he said Dad told him not to tell me about his death. There is only my brother and I in the family and he's the executor. Is it possible to challenge my father's will in court? He was on medication but I'm not sure if he was when he last updated his will when he quite likely took me out of it. It's highly unlikely my brother will send me anything and the estate should be worth around $300k. Is there a basis for a challenge that might cause my brother to share with me just so I'll go away? Any help you can provide is welcome and thank you for your time.
1 ANSWER
4 Awards
To challenge a will you must have a valid reason supported by evidence. You can challenge a will for the following reasons: 1) lack of proper formalities or execution, 2) lack of capacity and 3) undue influence. Proper execution of a will requires that the will be signed by the testator and witnessed and signed by two witnesses. Pursuant to Florida law, a testator is required to understand the nature of his or her assets, and to whom the assets are going to be distributed. Undue influence occurs when the testator is pressured into executing a will.
Answered on Aug 23rd, 2012 at 4:22 PM