Experienced Cape Coral Contested Wills Attorneys

Allegations of undue influence arise in situations where a last will and testament disproportionately benefits someone who had close contact with a family member while they were close to death or suffering from a debilitating disease such as Alzheimer’s or dementia. Suspicion of manipulation or coercion on the part of a family member, friend or healthcare worker is common.

At Burandt, Adamski, Feichthaler & Sanchez, PLLC, we represent clients in contested will matters. When necessary, we work closely with medical experts, geriatric specialists and private investigators to prepare our cases. We review and present strong evidence that supports our clients’ claims and rights.

If you believe that undue influence or a lack of mental capacity has played a role in a loved one’s will, contact us. Together, we can discuss contested wills and how to mount a proper will dispute.

Determining Undue Influence

Timelines, eyewitness testimony and the health of the deceased are extremely important in examining allegations of undue influence: Did the deceased change their will to specifically benefit a person who suddenly started spending more time with the deceased? Is there any reason to believe that an illness played a role in the deceased being more vulnerable to manipulation? Are there questions surrounding signatures or the validity of certain documents?

As your lawyers, we will review documents and records pertinent to the creation of the will or codicil in question. We will also interview witnesses, investigate the background of beneficiaries and strive to expose conflicts of interest or suspicious behavior. Depending upon the circumstances, we may be able to recreate when certain changes were made and establish whether the deceased had a diminished mental capacity at that time.

Florida Grounds And Time Limits For Will Contests

There are several grounds on which you can challenge a will’s validity:

• Improper execution: Florida law requires the testator (the person making the will) to sign it in front of at least two witnesses, who must also sign in front of one another and the testator. A will that does not meet these requirements may be declared invalid by the court.
• Lack of testamentary capacity: The testator must be of sound mind at the time of signing. If evidence shows they did not understand what the document was, what they owned or who their heirs were, that can support a claim.
• Fraud, duress or undue influence: If someone manipulated or pressured your loved one into signing or changing a will, Florida law provides grounds to have the document, or the affected portions of the document, declared void.

Proving any of these grounds requires documented evidence. This includes medical records, witness accounts and a clear timeline of events surrounding the will’s creation. It is also important to understand that a will contest addresses only the validity of the will itself.

If your concern involves someone wrongfully taking assets, our attorneys handle those matters through a separate inheritance theft and hijacking claim. When a trustee or executor has mismanaged estate property, a breach of fiduciary duty action may be the appropriate remedy.

Answering Questions About Contesting A Will In Florida

Below are answers to some of the most common concerns we hear from our clients.

How long do you have to contest a will in Cape Coral, Florida?

When a personal representative opens probate in Lee County, they must serve a Notice of Administration on all heirs and beneficiaries. From the date you receive that notice, you generally have 90 days to file a will contest. If you were served formal notice before the will entered probate, that window shrinks to just 20 days.

These deadlines are strict and leave little room for delay. If you have genuine concerns about the validity of a loved one’s will, consulting with a Lee County attorney early can help you evaluate your options more thoroughly and act within the required time frame.

Do you have to appear in Lee County probate court if you live out of state?

Many of our clients are adult children of parents who retired to the Cape Coral area. In most cases, you will not need to travel to Florida repeatedly. At Burandt, Adamski, Feichthaler & Sanchez, PLLC, we can handle local filings, evidence gathering and court appearances in Lee County on your behalf. As your attorneys, we will keep you informed throughout the process.

Can a will be contested in Florida just because the inheritance seems unequal?

Under Florida law, a person may legally disinherit an adult child or distribute assets unevenly among heirs. Feeling left out is not a valid legal ground for a contest. To challenge a will, you must prove a recognized ground – such as undue influence, lack of capacity or fraud – with credible, documented evidence.

Building that case often means looking beyond the will itself. This is why our attorneys work with private investigators, medical professionals and forensic accountants. Health records, financial documents and the circumstances surrounding your loved one in their final months can all become critical evidence.