In a Probate Administration or Probate Litigation contest the system is setup to help pay the final expenses, taxes, gather the assets of the estate, determine the validity of the will and make distributions of the probate assets so the beneficiaries can receive their inheritance and the estate can be moved along in a timely manner. There are due process requirements of beneficiaries having a set amount of time to bring a will contest and creditors having a period of time to bring claims against the estate but an important aspect of the probate is being able to establish finality and it is of significant importance that people act without the timeframes allowed or their case can be barred as this case illustrates.
It is the opinion of this probate attorney and Florida-Probate.blogs.com that a Florida Will Contest Attorney or Florida Will challenge lawyer would not be able to bring this as a Florida Probate Litigation Case just as it was not allowed as a New Jersey will contest litigation case after proper service to a beneficiary and their failure to act caused as a result merely of failure to afford an attorney. While the specific time frames and probate procedures would differ among Florida Probate Litigation and New Jersey the result would likely be the same and the will contest litigation would be dsimissed for failure to bring the case in a timely manner.
Inability to Afford Counsel Does Not Excuse Untimely Will Challenge (NJ)
The decedent's will was admitted to probate over the objection of her son, who appeared at the hearing, told the judge that he had evidence that his mother suffered from dementia, and insisted that there were police reports and witnesses who would support his position. After continuing the hearing twice to allow the son to retain counsel and file proper pleadings, the probate judge denied his objection and admitted the will. Eight months later, after having secured a loan from his grilfriend with which he retained counsel, the son filed a complaint alleging that the will was the product of undue influence. The probate judge dismissed the complaint, ruling that any challenge to the probate of the will had to have been filed within four months of the original order. The appellate court affirms the dismissal, albeit on different grounds from the trial court determination.
The Estate Litigation Attorney hired to challenge the will was unable to bring the probate litigation lawsuit and contest the will because it was not done within the statutory time frame for a will contest lawyer to bring the undue influence complaint disputing the validity of the will. A link to the estate litigation and will contest case can be found here. In the matter of Estate of Schifftner. Superior Court of New Jersey Appelate Division.