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Will contesting and Squatters Rights

Asked over 2 years ago - Avon Park, FL

My husband and I are going to be the only inheritants on an elderly friends will. Her house and all belongings are to be ours at the time of her death. Her Sister, who is well off, has made a statement that she can contest the will, is this possible? Also our friends nephew has asked if he can move in with our elderly friend until he can find a place and she has agreed. Will this nephew have squatters rights to the property if he is still there at the time of her death even tho the will states my husband and I are the only beneficiares on the will?

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Attorney answers (1)

W Russell Snyder

Reputation Level 6

Answered about 2 years ago. Litigation Lawyer in Venice, FL.

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Any blood relative of your friend may file a will contest but only after your friend has died. Florida disallows will contests during the lifetime of the testator except in cases where a guardian is appointed and petitions the court for permisssion to contest a will that was allegedly procured by undue influence or when the testator is alleged to have lacked testamentary capacity. The sister will have to prove you unduly influenced your friend to gain your inheritance or that your friend lacked the mental capacity to fully understand her will. The key to these cases is the testimony of the lawyer who drew and oversaw the execution of the will. By the way, will contests are expensive and difficult cases. We would not anticipate a will contest being filed over a small estate. A house and personal property will probably not draw a will contest unless the sister is particularly upset you will inherit.
Florida has no doctrine of squatters rights that would give the nephew any rights upon the death of your friend.
Russ Snyder
Attorney at Law
Venice FL

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