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In some cases, families undergo significant change after a decedent’s will was filed. This can result in intended beneficiaries being left out of the will, and legitimate heirs with legal standing not being given an equal share of the estate assets.

Examples of such situations include:

  • Cases where the decedent was married multiple times and had children with multiple partners
  • Cases where the decedent had a child after the will was filed, and failed to update the will accordingly prior to his or her death
  • Cases involving half-siblings and stepchildren contesting a will in which most or all of the estate assets were left to the decedent’s other children

Divorce can also create grounds for contesting a will. For example, if the decedent was married but later divorced that spouse and filed a new will which did not include the previous spouse, Florida law will usually invalidate gifts left to that spouse in the previous will. However, there are exceptions, which must be taken up on a case-by-case basis.

Such family changes can create complex legal situations. If you believe you were unfairly or mistakenly left out of a decedent’s will, or if the estate is facing claims from a family member or previous spouse, it’s important that you understand your legal rights and work with an attorney who will protect them.

The experienced legal team at Pollack Pollack & Kogan is here to help. If you’re in need of legal counsel as you settle the estate of a late family member, contact the skilled and understanding attorneys at Pollack Pollack & Kogan by email at, or call 305-373-9676.