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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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How easy is it to apply to have a Will rectified under a l

Resolved Question:

How easy is it to apply to have a Will rectified under a law?
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question. I am happy to answer your question.

Please explain more about what you are trying to do? What do you mean by "rectified" under a law?

Is the person that made the Will already deceased?
Customer: replied 1 year ago.

The person is deceased.


 


By 'rectify' I mean to alter it to how the division was to have been made. We are not sure if we have written evidence, but we do have anecdotal evidence as to the division of the residuary estate and we are quite certain the the person who signed the Will was not mentally fit at the time to do so. There are so many errors and inaccuracies in the Will as to give us grounds for concern.

Expert:  John Elder replied 1 year ago.

Thank you for the added information. That helps me understand your question better.

 

The named beneficiaries of the Will can always voluntarily enter into a "Family Settlement Agreement" to alter the distribution scheme.

 

If the beneficiaries in the Will do not agree to the alteration in distribution then the only way to alter the distribution is to sue to overturn the Will. This is called a Caveat action. It is a civil suit against the validity of the Will. To prove a Caveat you must show that the decease was incompetent at the time the will was made (this is done with medical evidence generally) or that the deceased was forced or unduly influenced into making the Will.

 

Florida Statute §731.110(1) provides that "any interested person who is apprehensive that an estate, either testate or intestate [meaning with a will or without a will, respectively], will be administered or that a will may be admitted to probate without that person's knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered."

 

I cannot provide you with legal advise. I can provide you with information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

 

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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