Can an intestate succession be appealed?
Yes, an intestate succession can be appealed in Florida. Intestate succession is the term used to describe the process that occurs when a person dies without having written a will to allocate their assets. In this case, the process of distribution of the deceased’s assets is regulated by the laws of the state. In Florida, if an intestate succession is found to be inconsistent with state law, or if those involved in the estate disagree on how the estate should be distributed, the succession can be appealed. To begin the appeals process, the appellant must file a motion in the court of probate as soon as possible. The motion must explain why the court’s order should be overturned and what new order the appellant believes should be issued instead. The court will then review the motion and hear arguments from both sides. If the court believes that the appellant has grounds to appeal the succession, it can overturn the original order and issue a new one. However, this process can be lengthy and costly. Therefore, it is important to first make sure that the appellant’s claims are valid before taking the estate through the appeals process.
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