It was about 2020 when Texas court ruled about a case: In the Estate of Mayberry!
“The court ruled that the common-law wife of a deceased individual who dies interstate lacked standing to remove the deceased’s daughter as an independent administrator.”
The ruling followed several decisions that can serve as a lesson for estate planning. Here are a few necessary details to know better about avoiding estate planning disputes among loved ones.
#1 You can Assess the Validity of the Will
Did you know that wills can be contested? Well, it’s true.
You can call on the court to assess the validity of the will. If you are challenging a will’s validity, you would be referred to as a contestant. On the other hand, the person defending the clauses of the will would be called a proponent.
#2 Common Objections to Wills
Here are some of the common will objections:
- It is often argued whether the creator of the will lacked the mental capacity to create the will?
- Whether the will was created under an external influence?
- Does the estate plan meet statutory requirements?
#3 “No Contest” or “In Terrorem” Clauses
if you want to avoid estate planning disputes or suspect that someone might challenge your will, here is a tip for you. You can implement a “no contest” or “in terrorem” clause.
If anyone would mount a legal challenge on your will and then loses the challenge, does not inherit a penny from you. The person will have to give up the bequest.
Contact a Knowledgeable Attorney
If you are into estate planning or want further information and assistance in this regard, feel free to contact Keystone Asset Protection and Estate Planning today. A knowledgeable estate planning attorney is all you need in this crucial time.