Wills Contest Attorney Tampa, FL

Will Contest Attorney in Tampa, FL - The Law Office Of Elizabeth Devolder

When a loved one's will doesn't reflect their true intentions or appears to have been influenced by undue pressure, contesting a will may be your only option to protect their legacy and ensure justice. The Law Office Of Elizabeth Devolder provides dedicated legal representation for will contest cases throughout Tampa, Hillsborough County, and Central Florida. Our estate planning attorneys understand the emotional and financial stakes involved in will disputes and work tirelessly to protect your family's interests.

If you believe a will was executed under suspicious circumstances or doesn't accurately reflect your loved one's wishes, don't wait to seek legal guidance. Contact The Law Office Of Elizabeth Devolder at 813-379-9839 today to discuss your will contest case with our experienced legal team.

Understanding Will Contests in Tampa, FL

What Is a Will Contest?

A will contest is a legal challenge to the validity of a deceased person's will. In Florida, interested parties can challenge a will in probate court if they have grounds to believe the document is invalid, was created under duress, or doesn't represent the true wishes of the deceased. Will contests typically arise when family members, beneficiaries, or heirs believe something is wrong with the will's creation or execution.

Common Grounds for Contesting a Will in Florida

Florida law recognizes several valid reasons for contesting a will, including:

• Lack of Testamentary Capacity: The deceased did not have the mental capacity to understand the nature and consequences of creating a will at the time of signing.
• Undue Influence: Someone exerted pressure or manipulation over the deceased, causing them to change their will in ways they wouldn't have otherwise.
• Fraud or Forgery: The will was created through fraudulent means or contains forged signatures.
• Improper Execution: The will doesn't meet Florida's legal requirements for valid execution, such as proper witnessing or notarization.
• Revocation: A newer will exists that supersedes the contested document, or the deceased properly revoked the will before their death.

Evidence Needed to Contest a Will in Tampa

Building a Strong Foundation for Your Case

Successfully contesting a will requires substantial evidence to support your claims. The evidence needed to contest a will typically includes:

• Medical Records: Documentation showing the deceased's mental state, cognitive abilities, or any conditions that might have affected their decision-making capacity.
• Witness Testimony: Statements from family members, friends, caregivers, or medical professionals who observed the deceased's condition or interactions with others.
• Financial Records: Bank statements, property transfers, or other financial documents that show unusual activity around the time the will was created.
• Previous Wills or Estate Plans: Earlier versions of the deceased's will or estate planning documents that show different intentions.
• Communication Records: Emails, letters, text messages, or recorded conversations that provide insight into the deceased's true wishes or evidence of outside influence.

Our Tampa will contest attorneys work with medical professionals, handwriting analysts, and other specialists to gather compelling evidence for your case. We understand what Florida probate courts require and know how to present evidence effectively to support your will contest.

Can Wills Be Contested in Florida?

Florida's Will Contest Process

Yes, can wills be contested - Florida law allows interested parties to challenge the validity of a will through the probate court system. However, Florida has specific time limits and procedural requirements that must be followed. Will contests must typically be filed within three months of receiving notice of the probate proceedings, making it crucial to act quickly if you suspect problems with a will.

The probate courts in Hillsborough County, including those serving Tampa, Carrollton, Brandon, and Plant City, handle will contest cases regularly. Our attorneys are familiar with the local court procedures and have established relationships with judges and court personnel throughout the Tampa Bay area.

Who Can Contest a Will in Tampa?

Not everyone has the legal right to contest a will. Florida law limits will contests to "interested persons," which typically includes:

• Spouses and children of the deceased
• Other family members who would inherit under Florida's intestacy laws
• Beneficiaries named in the current will or previous wills
• Creditors with valid claims against the estate

The Will Contest Process in Tampa, FL

Initial Case Evaluation and Strategy Development

When you contact The Law Office Of Elizabeth Devolder at 813-379-9839, we begin with a comprehensive evaluation of your potential will contest case. We review the circumstances surrounding the will's creation, examine available evidence, and assess the strength of your claims under Florida law.

Filing the Will Contest

Our contested will attorney team handles all aspects of filing your will contest in the appropriate Tampa-area probate court. We prepare and file the necessary legal documents, ensure compliance with Florida's strict deadlines, and begin the discovery process to gather additional evidence supporting your case.

Discovery and Evidence Gathering

The discovery phase allows us to obtain medical records, depose witnesses, and gather documentation that supports your will contest. Our attorneys work with medical professionals and other specialists to build a compelling case that demonstrates why the will should be declared invalid.

Mediation and Settlement Negotiations

Many will contest cases in Tampa resolve through mediation or settlement negotiations before going to trial. Our will contest attorney team has extensive experience negotiating favorable settlements that protect our clients' interests while avoiding the uncertainty and expense of a full trial.

Trial Representation

When settlement isn't possible, The Law Office Of Elizabeth Devolder provides aggressive trial representation in Tampa-area probate courts. We present compelling evidence, examine witnesses, and advocate zealously for your rights throughout the trial process.

Why Choose The Law Office Of Elizabeth Devolder for Your Will Contest?

Deep Understanding of Florida Estate Law

Our estate planning attorneys have handled numerous will contest cases throughout Tampa, Hillsborough County, and Central Florida. We understand the nuances of Florida probate law and stay current with changes that might affect your case.

Compassionate Client-Centered Approach

Will contests often arise during emotionally difficult times when families are grieving and dealing with complex legal issues. We provide compassionate guidance while aggressively protecting your legal rights and financial interests.

Proven Track Record

The Law Office Of Elizabeth Devolder has successfully represented clients in will contest cases involving undue influence, lack of capacity, and improper execution. Our attorneys know what it takes to build winning cases in Tampa-area probate courts.

Comprehensive Estate Planning Services

Beyond will contests, our firm provides comprehensive estate planning services including probate administration and trust administration. This broad experience gives us unique insights into how estate plans should work and when something appears wrong.

Frequently Asked Questions About Will Contests in Tampa

How long do I have to contest a will in Florida?

Florida law generally requires will contests to be filed within three months of receiving formal notice of the probate proceedings. However, certain circumstances may extend or shorten this deadline, making it essential to consult with a will contest attorney immediately if you have concerns about a will's validity.

What are the costs associated with contesting a will?

Will contest costs vary depending on the complexity of the case, the amount of evidence required, and whether the matter goes to trial. During your initial consultation, we'll discuss fee structures and help you understand the potential costs and benefits of pursuing your will contest case.

Can I contest a will if I'm not specifically mentioned in it?

Yes, you may have grounds to contest a will even if you're not named as a beneficiary, provided you qualify as an "interested person" under Florida law. This typically includes spouses, children, and other family members who would inherit under Florida's intestacy laws if no valid will existed.

What happens if a will contest is successful?

If a will contest succeeds, the probate court may declare the entire will invalid or only invalidate specific provisions. If the entire will is invalidated, the deceased's estate may be distributed according to a previous valid will or under Florida's intestacy laws.

How can I protect my own will from future contests?

Working with an experienced estate planning attorney to create a properly executed will, maintaining detailed records of your decision-making process, and regularly updating your estate plan can help protect your will from future challenges.

Protecting Your Family's Legacy in Tampa

Will contests can be emotionally draining and legally complex, but they're sometimes necessary to ensure justice and protect your family's rightful inheritance. The Law Office Of Elizabeth Devolder has the experience, resources, and dedication needed to handle even the most challenging will contest cases in Tampa and throughout Central Florida.

Whether you're dealing with suspected undue influence, questions about mental capacity, or concerns about improper will execution, our contested will attorney team is ready to fight for your rights. We understand the local probate courts, know how to gather compelling evidence, and have the trial experience necessary to achieve favorable outcomes for our clients.

Take Action to Protect Your Rights Today

Time is critical in will contest cases due to Florida's strict filing deadlines. If you have concerns about a loved one's will or believe you may have grounds for a will contest, don't delay in seeking legal guidance.

Let's Find a Way Forward—Together. Contact The Law Office Of Elizabeth Devolder today at 813-379-9839 to schedule your consultation with our experienced will contest attorneys. We're here to help you navigate this challenging time and ensure your loved one's true wishes are honored.