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 with an interest in the will can raise concerns. If 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, 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 executor of the estate must file the will with the probate court. The purpose of this is to validate the will, appraise assets and distribute them according to the wishes of the loved one. However, there are additional responsibilities the executor must meet.
The most common reason to object to probate regards the validity of the will. If you believe that the will was forged or the creator was under duress at the time it was created, you may want to petition against probate. This also applies if you believe there is a fraudulent or invalid codicil, which acts as an amendment to 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, if you have reason to believe they are not qualified for the role or have taken advantage of their position, you may want to object. For example, 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 important 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 fulfill the burden of proof that the will is invalid or 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 you may encounter. Contact us today to learn how we can help you through these challenging matters.