Tag Archives: Checklist

4 Steps To Take If An Estate Dispute Is Brewing

If an estate dispute is brewing (but is not yet in litigation), there are several important steps that people can take to maximize their odds of success if the matter proceeds to litigation. In the vast majority of states, people only have judicial standing to challenge a will or a trust after the person who executed the will or trust (referred to as the “testator” or “settlor,” respectively) has passed away. There are often scenarios where a person believes that the testator/settlor was pressured into making the will/trust; didn’t have adequate testamentary capacity to do so; etc., and the testator/settlor …

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Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)

This is Part 2 in the series of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. In Part 1, I discussed 5 of the 10 factors, and the following round out the final 5 factors. Knowing these factors will hopefully help ensure that you not only avoid being disinherited, but perhaps, more importantly, help ensure that you have deeper and more meaningful relationships with family and friends: 6) File a Guardianship and Conservatorship Action Against a Relative There are two main reasons why a person would file a …

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Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 1)

I’ve handled over 100 estate disputes, and based upon my experience the following are 5 of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. I’ll follow this blog post with another one in the next week or two discussing the final 5 factors. Knowing these factors will hopefully help ensure that you not only avoid being disinherited, but perhaps, more importantly, help ensure that you have deeper and more meaningful relationships with family and friends: 1) Don’t Visit or Call Your Relative This is far and away the …

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Use Checklists to Avoid a Will Dispute

One of the easiest steps that an estate planning attorney can take to try to prevent a will that he drafted from being challenged is to have the witnesses to the will utilize a checklist in order to create a documented record that they observed that the testator had adequate testamentary capacity. First some background: in order for a will to be valid, the person executing the will (often referred to as the “testator”) must have “testamentary capacity” (which, in most states, is defined as the adequate mental ability to understand his family, his property, the fact that he’s making …

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