WILL CONTEST LITIGATION
A Will Contest is a type of litigation that challenges
the admission of a Will to probate. Issues that are
likely to spur the contesting of a Will include:
the testator lacked mental capacity; i.e., was senile,
delusional, or of unsound mind at the time the documents
were created the testator was subjected to fraud,
coercion or undue influence during its creation and
implementation there are ambiguities in the document,
or the Will is a forgery or does not conform to legal
requirements as to the number and nature of the witnesses.
If the Will is thrown out, the court may disallow
only the part of the Will that was challenged
or throw out the entire Will of the decedent,
the property as if the person died without a
Will, or use the last previous Will, depending
law and the specific facts and circumstances.
An heir or someone with standing such as a spouse
or descendant can challenge the distribution
share; force distribution of the estate; contest
the heirs are; challenge the interpation of the
Trusts are estate-planning tools that can replace
or supplement Wills, as well as help manage property
during life. A trust manages the distribution of
a person's property by transferring its benefits
and obligations to different people. By maintaining
assets in a Trust, it is often easier to minimize
taxes and leave a larger inheritance. A Trust is
also a way to provide a steady income to the Beneficiary
over the course of time, rather than distribution
in a lump sum. This strategy can reduce the Beneficiary's
tax and allow the Trust to grow through investment,
and keep assets free from creditors of the Trust
beneficiary. Trusts can also be established for the
benefit of charitable organizations.
THERE IS NO WILL
If you need help with a loved one's estate when
there was no will, we can help.
Without a will:
- Your spouse
or children or other family members may share
your estate in ways undesirable to you.
- Your children will share equally regardless
- Orphaned Minors will have a guardian appointed
by the court that you could have chosen yourself
through a will.
- Friends, charities, etc., ……….get nothing.
To be sure your will is valid you can consult with
me because there are:
- Specific requirements
of language and execution for a will to be valid
Taxation minimizing issues.
- Property transfer
laws: problems can be avoided with professional
WHAT IS YOUR 'ESTATE'?
Real Estate (your home, land, etc.)
Investments (cash, mutual funds, stocks, bonds, CDs, etc.)
Business Ownership Interests
Personal Property (jewelry, art, antiques, etc.,)
Employee Benefits (pension plans, etc.)
EXECUTOR / EXECUTRIX
You can choose
who you want to manage the disbursement of your
estate which includes your Spouse, Relative,
Professional, and also Coexecutors are possible. The executor takes control
of all your assets, pays your bills that are
owed and pays your owed taxes, collects
money owed to the estate, distributes your property. He or she should be
someone you trust who is willing and can perform
all these services.
To minimize estate and/or inheritance taxes, plan
ahead. Discuss various ways of distributing your
estate to reduce taxes. For example:
Giving Gifts over a period of years.
Setting up Trusts for children, elderly parents,
Ownership: is your property jointly owned or owned
by you alone?
Should ownership form be changed?
your will should name a GUARDIAN to take care
of children if they're orphaned.
You should provide
for a financial plan for orphaned children
Trustee: If you set up a trust, you'll have
to choose someone to manage it (for example,
your spouse, a friend, a bank trust officer
or a lawyer).
A Will Must be....
Signed by you, the testator.
Witnessed by 2 or 3 people requirement in most states. You need not disclose
contents of the will to them.