Improper Preparation of Wills
Florida Legal Malpractice Attorneys
What Happens When A Will Is Improperly Prepared?
Matters of inheritance are often complicated, even with a will that is perfectly clear. If the will was prepared improperly, it can lead to some confusion and raise tensions within a family. Seemingly simple problems with a will can turn into big problems in the future, so it’s best practices to ensure that all the necessary steps are taken and done properly when a will is prepared. If you have any doubt that the lawyer who drafted the will did so properly, it is in your best interest to talk to a Florida legal malpractice attorney who is looking out for you and your loved ones.
What Can Go Wrong?
A will needs to meet a set of formal requirements in order to be valid. If a person dies without a valid will, then the probate court will decide what happens to the decedent’s estate. Florida state law has fairly specific rules about how the court will divide the estate, but it’s rare for those rules to satisfy everyone. This is especially true when a will has been improperly prepared and declared invalid, and those closest to the deceased know what he or she wanted and the court won’t be able to follow the wishes of the decedent. Improper wills also invite litigation when some people disapprove of the contents of the will. That can lead to a lot of anger and resentment that can only be minimized or avoided with a proper will.
How Can I Avoid Trouble?
The best way to avoid trouble is to make sure that your will meets all of the legal requirements to be valid. The fundamental requirements to make sure that a will is valid in Florida are relatively simple. The will must be written down, and it must be signed in the presence of two witnesses. However, some bequests are regulated under state law, and any mistakes when dealing with those can open the will up to legal contests. Some options, like establishing a trust through the will, can be difficult to understand without specialized knowledge. The best way to make sure that a will is valid and that it can accomplish all of your goals is to consult with an estate attorney who is trained in this area of the law. A little bit of extra planning can go a long way when it comes to making sure the will is carried out without trouble.
If you feel that you have suffered harm due to the improper drafting of a will, consult with a legal malpractice attorney to determine if you have a claim against the attorney who prepared the will.