Florida residents have the right to contest a will. Contesting a will, however, is easier to do when you’ve considered who, being likewise interested, might override your claims. Part of the work in contesting a will begins with determining who else might be a beneficiary.
Probate litigation first and foremost
The only chance to contest a will is during probate litigation. These proceedings give you and others the right to state your grievances and suspicions. Probate proceedings exist in an effort to administer someone’s estate after they die. Since this proceeding is public, anyone can attend, and anyone with a suitable case can present it.
Understanding the effect that a succession plan will have starts with accounting for who’s eligible to get a deceased’s assets. Among the beneficiaries of an estate, there might be people unnamed though of equal status. Any person or group of people who can benefit from an estate are called interested parties. Such people might not even request anything until you do.
Financial benefits and their outcomes
Someone can claim standing during probate litigation until sufficient evidence proves otherwise. A person who’s named in a will, for example, doesn’t have to build a case for themselves. The financials of an estate and the outcome of its succession give you insight into how or if contesting a will is worthwhile. An unnamed person, for example, who wants the assets that a will gives to another has a tough battle. Here, instead, are simple examples of interested parties:
- Debt collectors
- Forgotten family members
- Business partners
- A divorced spouse
- Public accusers
- Estate beneficiaries
Keep in mind that any interested party has the right to participate during probate litigation. At times, the person making a dispute doesn’t factor in that their dispute inspires others. The standing someone has to contest a will is ultimately a judge’s decision.