When you are planning your estate, you have to make some decisions, and they are difficult for some people. If you know that one of your children or another potential inheritor will not be happy with your choices, you should anticipate a possible estate challenge.
Fortunately, there are steps that you can take to prevent a challenge before it happens, and we will take a look at them in this post.
Don’t Procrastinate
If you are going through life without an estate plan, you are inviting a messy and complicated estate administration situation. When no one knows what your true wishes are, everyone in the family can make their own conjectures, and they may not all be on the same page.
Under these circumstances, the probate court would step in to sort things out. Ultimately, the assets would be distributed under the intestate succession laws of the state of California.
When the resources are transferred via the statutes, your actual wishes may not be carried out, and this is simply unacceptable. Qualified estate planning assistance is just a phone call away at all times, so there is no reason to take chances.
Use a No-Contest Clause
The first step is to make sure that you have a will or trust in place, and when you are drawing up the document, you should include a no-contest clause. This would call for the disinheritance of any heir that challenges the estate because they are unhappy with their share.
They could still choose to go forward with a contest, but they would be taking a risk. Someone may feel as though it is worth the gamble if they receive a paltry bequest, so you may want to keep this in mind when you are making your choices.
Use a Living Trust Instead of a Will
If you use a simple will to state your final wishes, it would be admitted to probate. The executor that you name in the document would handle the administrative tasks, and supervision would be provided by the court.
During probate, there is a proving of the will. The court will examine the document to ensure its validity, and if someone wants to challenge the will, they can make their case.
This open window of opportunity does not exist if you use a living trust as the centerpiece of your estate plan. You would act as the trustee while you are living, and you would name a successor to assume the role after your death.
When the time comes, the successor trustee would distribute the assets to the beneficiaries in accordance with your wishes. The distributions would not be subject to probate, and the administration would be private, so confidential information would not be circulating.
Visit Your Attorney Periodically to Review Your Plan
The core argument that someone would make when they are contesting an estate is the contention that the choices that were stated in the document did not reflect the decedent’s true wishes.
If you create an estate plan when you are 35 and pass away when you are 85 without looking at the document for 50 years, a contention that your thinking actually evolved could be taken seriously.
On the other hand, if you visit your estate planning attorney every couple of years to keep your plan current, the court would recognize the fact that you were always on top of it.
In addition to the estate challenge prevention angle, your existing estate plan should be reviewed periodically, because revisions may be necessary. Your own intentions may change, and there can be new laws passed that trigger the need for estate plan updates.
We Are Here to Help!
You came to this site looking for a Burbank, CA estate planning attorney, and you are making the ideal connection. We go the extra mile to make our clients feel comfortable from the start, and we provide personalized attention.
When you choose our firm, we will help you develop a custom-crafted plan that is ideal for you and your family.
If you are ready to get started or need assistance preventing an estate challenge, you can schedule a consultation appointment if you call us at 818-937-2335, and you can use our contact form if you would rather send us a message.
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