Am I Slowing Down Probate by Raising Concerns About the Will?
If you are the personal representative of an estate and you’re concerned about the Will, you may be reluctant to make your thoughts known. What if you slow down probate in Tampa by raising these concerns? What if your family members blame you for slowing down the inheritance process? Should you keep quiet or speak up? These are questions worth asking an experienced probate lawyer.
You Have the Right to Raise Concerns About the Will
Not only do you have a right to raise concerns about the Will, but you also have a duty to do so. The decedent chose you to act as their personal representative because they trusted you to take action in these kinds of situations. Perhaps you believe that the Will you’re looking at is fraudulent. Perhaps you suspect that the decedent signed it under duress. Maybe they were going through late-stage dementia when someone convinced them to sign a new Will. Whatever the case may be, one might argue that you are responsible for speaking out whenever you spot something that doesn’t quite seem right.
Speak With a Lawyer About Your Concerns
You don’t necessarily need to notify the court or the authorities as soon as you spot something suspicious during probate. Instead, you can have a private conversation with a Tampa probate lawyer and explain your situation. During this discussion, your lawyer can advise you on what to do next.
There is always the chance that you are simply unfamiliar with the probate process. Perhaps there has been some kind of misunderstanding. Your lawyer may be able to explain the various laws and steps, making it clear that there is actually nothing to be concerned about.
Note that you may not be able to turn to a lawyer whom you have already hired to handle probate. If you’re planning to challenge the validity of the Will, you’ll need to enlist the help of a separate attorney to avoid conflicts of interest.
You May Need to Step Down as Personal Representative
If you are a personal representative and also an “interested party” (someone who stands to benefit from the estate), you may have the right to challenge the Will. However, you cannot hold the position of personal representative while you challenge the Will in court. As a result, you’ll first need to formally step down from this position before you can move forward with your Will contest.
Can a Probate Lawyer in Seminole Help Me?
If you’re concerned about the Will, you have every right to raise your concerns with a probate lawyer in New Port Richey. As a personal representative, you have the right to hire a lawyer for guidance and advice during this process. A quick conversation with a lawyer shouldn’t slow down the overall process, and it could clarify many points of confusion. Contact Knudsen Law at 727.398.3600 to continue this conversation.
Source:
floridabar.org/public/consumer/pamphlet026/
