Check with Attorney before Challenging Estate

LawyerThe outcome of a challenge to an estate isn’t guaranteed and could backfire, according to the Wills, Trusts & Estates Prof Blog in "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."

Sometimes when a person challenges a no contest clause and loses the challenge, courts will refuse to enforce the clause. Sometimes when a person challenges a no contest clause and wins the challenge, the court will enforce the clause anyway.

The difference between the two extremes is a matter of individual state law and what exactly is being challenged.

There are different rules in every state.

An estate planning attorney can advise you on wisdom of filing a challenge and the potential outcomes.

Reference: Wills, Trusts & Estates Prof Blog (Nov. 24, 2017) "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."

Category: No Contest Clause, Trust, Wills Tags: , , , No Comments

States Standardize Digital Access

Getting access to digital accounts when someone passes away, has become less complex with the acceptance of the Uniform ... Read More »

Where Is Aaron Hernandez’s $9 Million?

  It appears that Aaron Hernandez, who committed suicide while in prison, might have placed money in an irrevocab... Read More »

Manson Leaves Estate to Pen Pal

Charles Manson, who died in prison in November, knew he had an estate and he made plans for it to go to his pen pal, ac... Read More »

Comments are closed.