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When someone passes away, emotions can flare as their loved ones experience grief, anger, and despair. However, when the will is at the center of a dispute, it can create a tense and volatile situation. It is necessary to understand that anyone interested in the will can raise concerns. Suppose you have concerns about the validity of your loved one’s will or have reason to believe the appointed executor is not fulfilling their duties. In that case, you can file an objection to a probate petition with the help of a Pasco County, FL probate lawyer. The following blog explores these circumstances in further detail.

What Concerns Might Someone Have Regarding a Loved One’s Will?

Generally, when someone passes away with a will in place, the estate executor must file the will with the probate court. This is to validate the will, appraise assets, and distribute them according to the loved one’s wishes. However, the executor must also meet additional responsibilities.

The most common reason to object to probate is the will’s validity. If you believe the will was forged or the creator was under duress when it was created, you may want to petition against probate. This also applies if you believe a fraudulent or invalid codicil amends a portion of the will.

In addition to issues regarding the legitimacy of a will, you may also have concerns about the appointed executor. For example, you may want to object if you have reason to believe they are not qualified for the role or have taken advantage of their position. If they’ve previously been fired or charged with engaging in fraudulent activity, you may not want them to serve as the personal representative for your loved one’s estate.

How Do I File an Objection to a Probate Petition?

If you wish to file an objection to a probate petition, it’s essential to understand the steps you must take. Generally, as a beneficiary or heir of a deceased party, you will receive notice 15 days before the probate hearing is scheduled. Once you receive the notice, you will only have three months to file the objection.

As the objector, you must prove that the will is invalid or that the personal representative is unfit to assume the role. That’s why it’s imperative to work with an experienced probate attorney. At the Law Offices of Matthew J. Jowanna, P.A., we understand how complex these matters can be, especially when navigating the loss of a loved one. Our dedicated legal team is ready to assist with any probate issues. Contact us today to learn how we can help you through these challenging matters.