Most probates move forward without conflict—but sometimes, questions arise about a will’s validity or how an estate is being handled. Whether you’re worried about undue influence, left out of a will, or facing an executor dispute, Panther Law is here for Zephyrhills and Pasco County families when probate turns contentious.
Grounds for Contesting a Will in Florida
Under Florida law, a will can be challenged for several reasons:
- Lack of Mental Capacity: The person making the will wasn’t of sound mind at signing.
- Undue Influence: Someone (often a caregiver or relative) pressured or manipulated the decedent.
- Fraud or Forgery: The will was faked or signatures were not genuine.
- Improper Execution: The will wasn’t properly signed and witnessed as Florida requires.
Timing is crucial:
Will contests must usually be filed within 90 days of receiving a Notice of Administration—or 20 days if you received formal notice before probate was opened. If you have concerns, don’t delay.
What Happens in a Will Contest or Probate Dispute?
- Legal Proceedings: Contesting a will triggers a court process where both sides present evidence—medical records, witness testimony, and expert opinions.
- Who We Represent: Panther Law can advocate for anyone—those challenging a will, executors or personal representatives defending it, or beneficiaries with concerns about estate handling.
- Possible Outcomes: If the court finds the will invalid, a prior will may control, or Florida intestacy law applies.
- Resolution: We work to resolve disputes efficiently—often through negotiation or settlement to avoid lengthy court battles, but we’re ready to litigate when needed.
Executor and Beneficiary Disputes
Disputes don’t always stop at the will. Common issues include:
- Executor Misconduct: If the Personal Representative is mismanaging funds, not communicating, or failing in their duties, beneficiaries can petition the court for removal or require an accounting.
- Beneficiary Conflicts: Siblings may argue over asset values or distribution.
- Standing Up for Rights: We represent both beneficiaries asserting their rights and executors wrongly accused.
Special Situations: Omitted Heirs & Complex Cases
Florida law gives certain protections to spouses and children, even if omitted from a will (pretermitted spouse/child, elective share rules). Panther Law understands these nuances and can advise if you or your loved one might have additional rights in a contested probate.
Prevention: How Proper Estate Planning Helps
Many probate disputes can be avoided. We encourage transparent estate planning, clear documentation, and open communication to minimize the risk of conflict. Panther Law drafts thorough wills and trusts designed to withstand challenges—protecting your wishes and your family’s peace.
Related Probate services
FAQs: Will Contests & Probate Litigation in Florida
Can you contest a will in Florida?
Yes—if you suspect lack of capacity, undue influence, fraud, or improper execution, you may have grounds to challenge.
What are the grounds to contest a will?
See above—mental capacity, undue influence, fraud/forgery, and improper execution are the main reasons.
What if the executor isn’t doing their job?
Beneficiaries have rights—our firm can help you demand an accounting, petition for removal, or otherwise protect your interests.
How long do I have to contest a will?
Usually 90 days after receiving notice of administration (or 20 days if served formal notice before probate opens).
You Deserve a Fair Outcome—Let Us Help
If you believe a will is invalid, if you’re facing a probate dispute, or if you’re an executor under challenge, Panther Law can help. We’ll review your case, explain your options, and fight for a resolution—whether in or out of court. Contact us for a confidential, honest assessment.
