Many people are justifiably concerned that someone will challenge their last wills and be successful. There are some ways that the possibility can be made much less likely to actually happen.
Most people have probably known someone who has expressed dissatisfaction with an inheritance. It is not unusual for people to think that someone else received too much and that they received too little.
Sometimes, that dissatisfaction leads to people challenging the validity of the wills in probate court. These facts lead many people to seek out ways to make it less likely that their own wills might be challenged.
The USA Today recently offered some tips that can help in "5 ways to make a bulletproof will" including:
- No Contest Clause - These clauses are inserted into a will and declare that anyone who challenges the validity of the will forfeits anything he or she is supposed to receive under the will. Each state has its own rules about when these clauses can be enforced.
- Communication - Telling relatives the basic details of your will can make them less likely to challenge it.
- Doctor Verification - If there are going to be any questions later, it is a good idea to have a doctor verify that you are competent and in good mental health at the time you sign your will.
- Hire an Attorney - An attorney can help ensure that your will is legally sound and hiring one is a much better option than creating your own will or downloading a form will to fill out.
- Get a Trust Instead - By using a trust instead of a will to distribute your assets after you pass away, you make it much less likely that your estate plan can be successfully challenged.
Reference: USA Today (Sept. 24, 2016) "5 ways to make a bulletproof will."
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