2 Tips For Protecting Your Estate Plan From Being Contested In Court
Everyone knows how important it is to have an estate plan. But what they don't know is that many estate plans are contested in court because the author made mistakes when either drafting or executing that plan. Fortunately, there are some things that you can do to protect your estate plan from going to court to be contested. Here are a couple tips.
1. Get The Estate Plan While You Are In Sound Mind
One of the first things that could be questioned on your estate plan was did you write it when you were in sound mind and body? This means that you needed to be healthy and strong enough mentally to understand what you were signing. If there is any question to your mental state when you changed the documents, then there is a good chance that those changes will not be upheld if it is contested.
If you can make the plan while you are young and mentally fit, there will be no question as to your mental state. This will ensure that those who you love know that when you made the plan, you decided on the terms when you were healthy.
2. Discuss The Estate Plan Before You Pass Away
It is important that you disclose the terms of the plan to your loved ones before you pass away. It is not right to have them blindsided after your death. There may be things inside that plan that they don't understand. For instance, one person may not get as much, or there might be contingencies to your estate. If you don't discuss this with your family upfront, they could be very hurt. They won't have the chance to ask questions and to clear the air before you pass away.
Many people choose to sit down in the presence of their lawyer and go over the will with their family while they are alive and well. This will give you the chance to explain everything in the plan. Even though your family may not agree with it, you can give explanations.
The reason this will help with preventing a contested will is that your family won't be able to say that the will is contrary to what you want. Even though they may no agree, they cannot deny that the estate plan is something that you thought through and decided on before your death.
By doing these simple things you can help to prevent your estate plan being contested in court. For more information on planning, contact a lawyer like those at Hamilton Michaelson & Hilty LLP.