What Should You Do If You Are An Heir Who Was Omitted From A Will?
If you are an heir and have been omitted from someone’s will in Florida, then it is important that you understand what course of action to take. It is a difficult time, and it can be confusing, so it is important to have all the facts before proceeding.
Pompano Beach omitted heir lawyer Mark R. Manceri, P.A., can help you understand everything you need to know about being omitted from a will in Florida. With a skilled lawyer on your side, you will know what steps to take if you were left out of someone’s will.
Review the Will and Estate Plan Carefully
The first step for any heir who has been omitted from a will is to review the document carefully, looking for any potential issues or errors. This includes making sure that all the necessary legal documents are intact and properly executed. You should also review the estate plan itself, including any trusts or other financial plans that were in place. It may help to consult with an attorney at this point, as they can help guide you through the process of contesting or challenging a will if necessary.
Understand Why You Were Left Out or Omitted
In some cases, an individual may have been intentionally left out of a will or trust—perhaps because of estrangement or simply due to oversight by the testator (the person making the will). If this happened in Florida, then any heir who was omitted from an otherwise valid will can petition for an equal share of the decedent’s estate as long as they were living at the time that the deceased made their last will and testament.
It should be noted that if an heir is intentionally excluded from a validly executed trust instrument or deed disposing of real property, they generally cannot dispute such documents under Florida law, though there may be exceptions. Wills, on the other hand, can be disputed based on omissions. Under Florida Statutes § 732.518, you cannot contest the validity of a will before the testator’s death.
Options for Heirs Who Have Been Omitted from a Will
If you believe that you have been omitted from someone’s will in Florida, then there are several options available to you. The most common option is to file a claim against the estate. This allows heirs who have been omitted from a will—or those who feel they have not received their rightful share of the estate—to seek both financial compensation and recognition as an heir within the court system.
Additionally, some states allow heirs who have not been included in wills to challenge them on grounds such as lack of mental capacity or undue influence on behalf of another party. Take your time reviewing all relevant documents carefully and consider consulting with an attorney if necessary—they can provide valuable insight into how best to proceed with your case. Once you understand all your options, you can decide which path works best for your particular situation.
Discuss Your Legal Options with Mark R. Manceri, P.A.
It can be confusing and overwhelming when you find out that you’ve been omitted from someone’s will in Florida, but don’t panic. With careful consideration and planning, there are ways that heirs who have been omitted from wills can still receive their rightful inheritance.
Contact our omitted heir lawyer at Mark R. Manceri, P.A., to discuss your legal options if you feel you were left out of someone’s will. Schedule a consultation today by calling 954-491-7099.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.518.html
