There is a chance that an individual will want to challenge the terms of a will during a probate proceeding. However, to challenge a will in Florida probate court, that person will need to be considered an interested party. In many cases, the family members of a deceased individual are interested parties to a probate proceeding. This is generally true whether or not they are named as beneficiaries to an estate.
Furthermore, anyone who is actually listed in a will is generally considered to be an interested party to the proceeding. If there are multiple copies of a will, those who were included in previous versions could be entitled to challenge the version offered to the court in a probate case. Identifying who may be an interested party is important for both the person initiating the contest as well as the person defending against it. All interested parties must be notified of a legal challenge so that they can take part in it.
If an asset is titled in a deceased person’s name at the time of his or her death, it is said to be held in that individual’s estate. In most cases, assets that are held in an estate are subject to probate. A probate case allows a judge to validate a will and allow the representative of the estate to inventory assets and pay an estate’s bills.
Individuals who believe that they may be entitled to a portion of an estate may issue a legal challenge while a probate matter is ongoing. Interested parties may be able to claim that they were unfairly cut out of a will or that they are entitled to an inheritance under state law. Legal counsel may be able to represent those wishing to challenge a will.
