Estate Litigation Attorney in Ft. Myers

Grounds for Contesting a Will in Florida

Section 732.5165 of the Florida Statutes provides that a will, or part of a will, procured by fraud, duress, mistake, or undue influence is void. Undue influence occurs when another person’s pressure overcomes the testator’s independent decision-making. Other common grounds include improper execution and lack of testamentary capacity, which means the testator lacked the mental ability required to make a valid will.

Florida Statute § 733.107(2) creates a rebuttable presumption of undue influence when a contestant establishes that a beneficiary had a confidential relationship with the testator and actively procured the will. Under section 733.107(2), this presumption shifts the full burden of proof to the beneficiary, not merely the burden to produce evidence.

In re Estate of Carpenter identified factors Florida courts consider when evaluating active procurement:

• Participation in selecting the attorney
• Participation in obtaining witnesses
• Knowledge of the will’s contents
• Safeguarding the document after execution

Deadlines for Probate Objections

An interested person served with a notice of administration generally has three months from service to object to the will’s validity, venue, or jurisdiction under section 733.212 of the Florida Statutes. The actual deadline depends on the notice and circumstances of the proceeding. An objection covered by the law is generally forever barred if it isn’t filed on time.

Section 732.517 also makes no-contest clauses in wills void and unenforceable. Such a clause generally can’t prevent an interested person from bringing a permitted challenge under Florida law.

Probate Litigation in Lee County

The Probate Division of Florida’s Twentieth Judicial Circuit Court handles probate matters arising in the county. The court requires signed checklists with petitions for Formal Administration, Summary Administration, and Final Discharge. If a required checklist isn’t filed, a proposed order is deleted rather than processed.

A will contest doesn’t automatically stop probate administration. Section 733.109 of the Florida Statutes allows administration to continue while the contest is pending, although distributions that would prejudice the contestant’s interests may be restricted. We assist personal representatives with administration matters involving these disputes or complications.

Evaluating a contested estate commonly requires reviewing the will or trust, probate filings, notices, estate records, communications, and information about the challenged transaction or fiduciary conduct. We tailor our guidance to each client’s role, objectives, and responsibilities in the proceeding.

Estate Planning Knowledge Applied to Probate Disputes

Attorney Kelly L. Fayer established our firm in 2006 and has more than 25 years of estate planning experience. She was elected president of the Lee County Bar Association and received the Florida Bar Pro Bono Service Award for 2019. She was one of 20 attorneys honored at the Florida Supreme Court that year.

Our understanding of planning and administration informs how we examine documents, fiduciary duties, and probate requirements. Our legal services include:

• Wills
• Trusts
• Powers of attorney
• Incapacity planning
• Medicaid planning
• Guardianships
• Trust administration
• Probate

Cost & Duration of an Estate Dispute

The cost and duration of estate litigation depend on the disputed issues, available evidence, and number of parties. Will contests, beneficiary disagreements, and creditor claims can increase legal fees and court costs while prolonging probate administration.

We offer a free consultation for probate matters so you can explain the dispute and discuss considerations that may affect your next step. We don’t promise a particular timeline, cost, or result.

Discuss Your Probate Dispute with Our Firm

Contact us by phone or through our contact form to arrange a free probate consultation. We provide personalized, compassionate guidance for individuals and families confronting estate, will, trust, or probate disputes in Fort Myers and Lee County.

Call (239) 208-0189 to discuss your probate matter with The Law Office of Kelly L. Fayer, P.A..