As a person who tries to make sound financial decisions in life, there is a pretty good chance that you will give the same time and attention to planning your will and estate that will come into play after you pass away. You may think that since you have went through the efforts of drafting a concise and clear will that makes simplified designations of your property then everything will be carried out just how you expect when you are gone. However, there are some situations when a will can be contested–especially if you do not enlist the help of a probate attorney in the drafting process. Here is a quick look at some circumstances that may allow your will to be contested after your passing.
You have multiple heirs, but leave the majority of your property to only one.
If you have reasons to feel that you should leave the majority of your estate to only one or a few of your living heirs, there is a possibility that those left out of the will can contest the will. If they can prove that they have a right to your estate in probate court, they may be able to successfully have the will changed even after you are gone. However, if you work with a probate attorney to draft your will, it will be less likely that this will be a successful attempt because you can offer logical reasons for your decisions which will be considered by the judge during will contesting.
You leave the majority of your estate to a non-profit organization even though you have living heirs.
If you have a great interest in a greater good or an affiliation with a specific charitable organization, you may choose to leave your estate to these entities instead of your living heirs. While this is your decision to make, if there are living heirs who feel they are more deserving or entitled, they can have the opportunity to explain to a probate judge why they have a right to your estate.
You disregard the creditors and debt when creating your will and estate plans.
If the property that you consider yours is not yet fully paid for or if you pass away still owing a large amount of debt, creditors can easily step up and contest the will that you created while you were alive. In some cases, the heirs that you leave with the estate will be involved in working out a settlement with the creditors to satisfy the debt using money or property from your estate.
Share23 November 2016
Early in my career, I experienced disappointments. After happily working five years for a company, my job responsibilities suddenly increased. Unfortunately, my salary remained the same. Longing to take control of my situation, I quit my job in order to launch a home-based business. After years of working for someone else, are you ready to become an entrepreneur? Before taking this exciting step, consider consulting with a business attorney. This individual can inform you about the types of permits and licenses you might need to obtain. A business lawyer can also help you draft contracts. On this blog, I hope you will discover the benefits of working with a business attorney before becoming an entrepreneur.
