Challenging a Tampa Will on the Basis of Insane Delusions

Spouses often discover that they have been disinherited when their partners pass away. This can be a shocking experience, especially if there was no warning. However, many spouses disinherit their partners after the marriage falls on hard times – and this may occur before a pending divorce. Sometimes, these hard times can cause spouses to act irrationally – and they may even lose their grip on reality. Could these “insane delusions” allow you to contest the validity of the Will? Can a Tampa probate lawyer help in this situation?

Disinherited Florida Wife Argues “Insane Delusion” When Contesting Will 

In March of 2025, NBC News reported that a wife who had been disinherited by her late husband was contesting the Will on the obscure grounds of “insane delusion.” Also known as “diseased condition of mind,” this type of incapacity can theoretically invalidate a Will in Florida. Like all other types of incapacity, the argument is that the testator did not fully understand the consequences of the Will when they wrote and signed it.

According to the Florida Supreme Court, an insane delusion is essentially the belief in a false reality. For example, a testator could become incredibly paranoid days before their passing. This paranoid delusion might involve a misplaced belief in a group of assassins hired by their nephew. This may cause the testator to disinherit their nephew. If the nephew gathers sufficient evidence of this insane delusion after the testator’s passing, they may successfully invalidate the Will.

Insane delusions are often caused by medical conditions such as dementia. They may also stem from the effects of medication (including prohibited substances). That said, you do not necessarily need to prove some kind of medical condition in order to establish an insane delusion. It may be enough to simply show that the testator lost their grip on reality before creating and signing their Will.

According to NBC, the aforementioned wife argues that her husband became mentally and emotionally distraught by what he claimed were false allegations – so much so that he became impaired. These false allegations eventually drove the man to suicide. These “false” allegations came from none other than the FBI, and they involved a murder-for-hire plot targeting the wife.

Somewhat ironically, the claim of insane delusion only really makes sense if the allegations are indeed false. If the FBI’s investigation was legitimate, then the man never actually lost his grip on reality. Instead, he was reacting to a very real situation that could have put him behind bars for the rest of his life.

Can a Seminole Probate Lawyer Help Disinherited Spouses? 

If you were disinherited by your spouse before they passed away, you might want to speak with an experienced probate lawyer in New Port Richey. Speak with Knudsen Law to learn more about your options in this scenario. It may be possible to contest the Will and access your rightful assets – even if you were disinherited. Contact us today to get started with an action plan.

Sources: 

nbcmiami.com/investigations/sergio-pinos-insane-delusion-invalidates-his-will-his-widow-claims/3388365/

scholarship.law.ufl.edu/jlpp/vol21/iss1/1/