Estate Law Questions? Ask an Estate Lawyer.
Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.
My condolences for your loss.
Has the will been admitted to probate yet?
Also, have you had an opportunity to examine the new will?
Are you there?
You basically have two avenues of challenge. First, in the execution. You will want to ensure that it was properly signed and witnessed. Did the testator sign each page, as well as the signature line? Did the witnesses actually see the testator sign? Was the will notarized?
The other avenue is based in the testator's state of mind and testamentary capacity
Was the testator of sound mind? Was she ill at the time she signed? Did she understand the natural objects of her bounty, her children and other relatives?
These are the foundations of any challenge. The burden of proof is on the party making the challenge, but, even if your case is weak, you may be able to leverage the claim into a settlement. So, do not be afraid to move forward.
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