Three Things To Do When Someone Contests The Will
ฝัง
- เผยแพร่เมื่อ 4 ก.ค. 2024
- Build your estate plan online! MyAdvocate is the online solution for creating and maintaining your Will and all other legally-valid estate planning documents. Click the link below to get started!
www.myadvocate.com/join/paul
--
Sometimes someone contests the way an estate is being handled. When you're the executor, what should you do?
The actions of an executor when an estate is contested depends on what is being questioned. Is the validity of the will being questioned? is the interpretation of a provision of the will being argued? Are the post-death actions of the executor coming into question?
Contested estates completely change the ball game. Even though there can be significant red tape in settling an estate, because you're dealing with estate lawyers, heirs, financial institutions and their lawyers, title companies, judges, and courthouse employees, at least you can get things done when all parties are cooperative.
But when you have an uncooperative heir, or someone who formally contests some estate matter, you often wind up with broken and irreparable relationships, with a significant portion of the estate winding up in the hands of the legal system.
Perhaps, but not always, you can avoid lengthy estate disputes by, early in the process, getting all parties on board with open communication and resolution of issues.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
My mom chose to fix this in advance, she put in her trust, anybody who challenges her final designations, they are treated as if they predeceased her without heirs, ie, they get nothing.
How did this work out for you? I am going through the same thing
How did you handle this? What actions did the executor take?
two lawsuits from other beneficiaries this sucks
That clause can be voided
If probable cause is present on claims attached to complaint the court will not uphold the no contest clause.
Thank you thank you thank you! This answered the question I posted to you after the last video of yours that I watched! I appreciate your videos SO much!
Fantastic.informative.advice
A family member, never married, had several homes, including one in California, on the ocean, between LA, and Santa Barbara. She died leaving a will. In that will she stated, "IF ANYONE CONTESTS THIS WILL, YOU GET NOTHING" That in itself shut everyone's mouth, the will stood, and no one said boo. No lawyers involved, no long drawn out distribution period, nothing. Why don't people get smarter, and begin putting that one phrase inside the will? Or do the lawyers want to sort of keep ANY will open ended so they can assure more legal work down the road?
Great question! I'm not sure that making such a clause would be good counsel since there is always room for interpretation, and if the executor makes a bad call, then what's the heir who is unfairly diminished supposed to do: just roll over and get shafted because if they say a peep then they get zero? I like how the presenter mentioned the case where there were four children (heirs), but the Testator only mentioned three of them by name. What if this was a simple clerical oversight that no one caught, and one of the three children who was mentioned says, "Hey wait a minute, this is a problem?" but the other two are horses' butts and try to cut child #4 out?
.
It's always good to leave SOME room for contestation, because people aren't perfect and they do make mistakes. Shutting down all possibility of contest can be just as troublesome as making a sloppy Will in the first place.
.
I am named as an executor of two estates presently, so these "what if?" questions pop up in my mind. I would hate having my hands tied and seeing someone mistreated and being powerless to help in any way.
@@sidwhiting665 It's only good counsel to not put the clause in because then the lawyer can't make a court case out of it. I know what you do for a living. AND, no one beneficiary would dare to contest it just in case a reasonable judge would allow the will to stand as is, and the hell with intrepetation. We need to bring back into the fold good common sense of the English language, and THAT does not need intrepretation. Or perhaps the will should have another 50 pages of what that one line entry,means. Bottom line, if you step foot into a courttoom within the next 20 years, and bring up the idea of contesting the will, you get NOTHING.How's that for intrepation. If you get within 100 feet of any courtroom in any jurisdiction for whatever reason, ie your dog bit someone, or you're being sued for watever reason...then you still get NOTHING. So, don't even think about it because you get NOTHING. Seems clear, cut and dry to me.
Great advice! Currently in battle with husband's children because they're not happy with what their father left them. So sad and uselessly expensive
@@sidwhiting665 The heir who is "unfairly diminished" as you say, may in fact be unfairly diminished when you compare what he/she received to the others. THE WILL OR TRUST IS NOT TO MAKE THINGS FAIR! iT'S TO CARRY OUT THE DECEASED WISHES!! iF FOR whatever REASON SOMEONE GETS SHAFTED, that's the deceased person's decision. What if they've already had 10,000,000 dollars they've earned in their lifetime, do they really need more? This decision should hold in court as it's the decision of the dead person. What if they were rotten to the core? Do they still get to contest a trust because he/she was a nephew/neice? All I have to say is, "too damn bad". If you wanted more money, perhaps you should've treated your family member with more respect. You don't get to piss on that person your entire life, then contest the trust because you deserve what the others got.
2 Executors refused to provide anything. The house was to be sold at year 2 after death, not done. Almost 5 yrs after death, after repeated attempts no receipts, just a spread sheet. Told there was nothing of value.
Executors now decide they want to transfer title to house, while giving themselves a sweetheart deal, below market value.
it stinks but you have to sue to see the documents and see how badly they screwed you.
I'm sitting in front of my parents empty house living in my minivan.disabled court ordered out of the house. My brother the executor was my best friend the past 48yrs.has 2 empty rooms?I was left off the house because I'm disabled. I care gived for both parents and saved the Executor life 5yrs ago.So prob time to contest over a misunderstanding on disability and inheritance
I'm so happy I don't have to worry about this.
I enjoyed this. I'm the contestir and suing for emotional distress. It's going to be a night mare. I have nothing own nothing been kept off my parents farm after mucking their stalls and cleaned their hose like Cinderella. My cop dad just died has a new wife my m died first while putting the will in my and my brothers name as he cheated and had a kid. My brother the executor told me in writing the illegitimate kid was not on the will and I've lost trust as there she is on the will and he knew. My dads horrible new wife screamed at me " I'm not in ur dads will " all caps when I never even brought it up. She's on the will. This will has been altered by my brother. I notice of objection and I'm having him off as executor. I'm in the process of finding every single thing to sue my dad and his estate for on behalf of my mother as well as my own abuse and assault. I have nothing to lose. It can be drained til there's nothing left and no one gets it. I was beyond abused by my narc brother. This is the year of karma
A family where it was discovered that one child had aggressively sought power of attorney over the widowed parent and had then transferred much of the parent's assets to themself by the time the parent died ? (So that there was little or nothing left of an estate)
What happen if my parents have both died with different deed type "Tenants in Common" for their house and my dad made a will and appointed my sister as an executor can my sister takes control of my mother half share in the house ,jewelries car etc in and we had an unexpected incident when my dad died last wednesday my sister the executor snaps hostile w/ me and doesnt want to include me in the planning of the service also she controls everything that my mother owns in property is being hostile and eliminating me as her eldest sister is this enough grounds to terminate her duty as an executor ?
Divorce/step parents and step children/ex spouses important causes for difficult probates and litigation ?
Good content. I have a couple questions. I have the unfortunate honor of being the executor of my folks' estate. My folks tried to do their due diligence is setting up the estate in a Trust but they neglected to address an issue with a failure-to-launch child (now 46yo). By brother is living in the basement of the family home and has been unemployed for 15 years. His girlfriend recently also moved into the basement. Neither pay rent and at this point, my mother is not well enough to address the issue but does not want me to begin the eviction process. I fully expect the girlfriend to influence my brothers decision making when we settle the estate. I have full authority to defend the estate with the estate assets. If he contests the estate can he legally use the estate assets for his legal fees? Also, would my folks' estate attorney represent me as the executor or should I expect to seek my own representation? I'm aware of the non-contest clause in the Trust but I have a feeling that it doesn't hold much water. Thoughts? suggestions?
I'm going through the same thing right now. How did it turn out for you?
Sometimes heirs dispute among themselves ? Sometimes fraudulent "creditors" come out of the woodwork?
Of course the deceased might have legitimate debts that should be paid from the estate or even if petty by the executor ?
Someone comes out of the blue with a completely different will that does not resemble the "actual" will and tries to get the "actual" will overturned ?
My grandpa put the anyone who contests clause in the will and yet a probate lawyer took on an aunts case, and it has been filed in California ? What is the legal remedy in such a case ? furnish the complete will and reference the paragraph and line numbers in which such is communicated thus invalidating the petition ???? the petitioner is challenging the trustee
Some states do not enforce no contest clauses. Others enforce no contest clauses only if probably cause ( undue influence, forgery, etc.) is proven. Be ready with multiple witnesses if you want to prove undue influence.
my father passed this past dec, he put a life estate in place almost three years ago when my sister stopped talking and returning his calls over a difference, I went to the lawyer and had the life estate deed transferred over after his death, he also had a will done which disinherited my sister, but I cant find what he done to the will, is there anything she can do?
you are screwed
If the house or vehicles were transferred upon death… That SHOULD be untouchable by her… I’m sorry you’re going thru this. I have my Moms will but siblings are still TRYING TO LOOK FOR LOOPHOLES… MY MOM HAD HER SIGNING THE WILL, being notorized and witnesses recorded so it showed sound mind, I wasn’t there forcing her to do anything she chose to do because my siblings literally NEVER BOTHERED EVEN CALLING EXCEPT FOR $$$ MONTHS BEFORE SHE PASSED😔 I moved back home and took care of Mom & Dad to make sure they was cared for and got to stay at home… I was good and never questioned at all… UNTIL MOM PASSED. Now I’m the Bad guy and lost ALL OF MY FAMILY WHEN MOM PASSED… MY WORLD HAS BEEN ROCKED AND ITS SO OVERWHELMING SOME DAYS ITS AFFECTING MY HEALTH DRAMATICALLY 😔 IT DIDNT HAVE TO BE LIKE THIS.
What do you do..😅...you can't do nothing in my state...without a big bank account 😅 i was on top of everything on my birth mom's will, bank account burial insurance I'm supposed to inherit a truck on her will and her step son is in control of everything and I'm settingon the back burner..and the crooked lawyer is helping him and his sister do it and he'll be the only one in charge of the trust fund..😅.. how do you like those apples. 😵💫.Oooo and her will is not being properly handled, or her last wishes. And everything is walking off. Being stolen.
What about destroying Wells that's what my sister did
it all hinges on the ORIGINAL
screwed. You !!!
It really all boils down to the halves and halves not
Haves
Lawyer: The only man in whom ignorance of the law is not punished. Lawsuit: A machine which you go into as a pig and come out of as a sausage. If there were no bad people, there would be no good lawyers.😅 you don't try going out as soon as you can, trying to hire a lawyer as soon as your mother dies, would you. She was just taking to the Funeral Home.
my brother appointed a durable power of attorney and he took sold and gave almost everything away i called the cops while they were removing the washer and dryer from the house they came over and said it is a civil matter and nothing they can do i told i stupid seminole co cop they are not authorized to take any thing that he my brother is dead and did not authorize them to take anything the cop did nothing i am at a complete loss
What about if your brother takes advantage of our mother, who has senile dementia, Alzheimer’s, lacking cognitive capacity? Then the brother hires another lawyer who did not draft the last will and my brother had a new will drafted, excluding everyone but himself with the new lawyer? All previous wills were fair and equally distributed! My brother then liquified everything into a joint account under his name and my mother, in a joint account with Bank of America!
Sometimes a will is contested because children get left out in a 2nd marriage. depending on who passes first. Its not right to leave your children out of a will. The best thing to do is never trust your spouse if they are not your children's parent.
I have seen the will but it has not been broght out
. The Exectors are not reading the will.
Dispute.on.Grace.Everlyn.Schoeman.Benjamin./Leslie
Henry.Benjamin.from.Graces.Educare.Poetlands..Mifchells.Plain