Want To Challenge AWill In Court? Here’s How You Can Do It!

Challenging a Will isn’t easy because it is assumed that if someone went to the effort to make a Will, then the Will is valid. A probate lawyer will tell you that contesting a Willcan drain you mentally and emotionally, and the process can be costly.However, there are certain factors that may assistyou in achieving a successful challenge:

•    It is a do-it-yourself Will. When a person (called the Testator) writes a Will himself or herself, it is possible that certain legal formalities were overlooked. Another possible weakness is that the Will may not have addressed the “what ifs” that an estate planning law firm will make sure are included.      

•    The Testator has been isolated from family and friends by the primary beneficiary of the Will. In a case like this, your challenge might request invalidation based on undue influence.

•    The Testator’s mental capacity is in question. This requires evidence that the Testator did not have the mental capacity to make a Will at the time he or she signed it.

Contesting a Will requires that you meet certain guidelines. The first one is that you must have something called “standing.” To have standing, an individual or entity must be able to show that they would be personally or directly affected by the outcome. For instance, a person contesting a Will might be a close relative who was left out of the Will, or a beneficiary who had been named in a previous Will. An entity such as a bank must show they were a beneficiary or a fiduciary in a previous Will. If you don’t have standing, you cannot proceed with the challenge.

Also, you must file in a timely manner as defined by state law. Which state? The state in which the decedent resided at the time he or she passed away. The proscribed time period for contesting a Will ranges from a few weeks to a few years, so it’s important to hire an experienced estate attorney who knows the timeline that applies to your case.

You may wonder why time limits are set. This is to expedite the payment of final expenses and the transfer of assets to the beneficiaries of the Will. If no time limits were set, a challenge could be brought any time in the future. The Will could not be fully distributed in order to provide for a potential legal challenge. Make sure to move ahead in a timely manner so your case is not time-barred.

Let us assume that you have standing and are within the time limit set by state law. Now you must have sufficient grounds to contest the Will. There are four possible grounds:

1.    Lack of proper legal formalities;

2.    Mental incapacity of decedent at the time the Will was signed;

3.    Undue influence on the decedent;

4.    Procurement of the Will by fraud.

Proving any of these grounds requires more than suspicions, you must have evidence. That is why you should take any intentions to challenge a Will to be evaluated by an experienced probate law firm. Time is of the essence, so don’t delay this consultation.

This blog was originally posted on https://www.pa4law.com/want-to-challenge-awill-in-court-heres-how-you-can-do-it/

Read More

Think You Understand Inheritance Rights? Here’s What You Should Know.

Many people believe they understand inheritance rights, but very few (outside of the legal and estate planning professions) actually do. This is because laws regarding inheritance are complex and vary from state to state. Below are the five common myths about inheritance rights that our Wills lawyers debunk:    

Myth 1: I can leave my property to whomever I choose.

It’s true that, in your Will, you can leave your property to anyone you choose. However, inheritance rights may override your wishes as stated in your Will. This is particularly true when it comes to a spouse who survives you. Depending on the state in which you reside, a surviving spouse is legally entitled to one third to one half of your property even if you have not provided for him or her in your Will. The spouse would have to contest the Will, but it is likely that a state court will award the percentage of the estate allowed by that state’s inheritance laws.

Myth 2: My surviving spouse will automatically inherit all of my property.

As you can see in the answer to Myth 1, the words “automatically” and “all” are problematic. A surviving spouse does have inheritance rights, but if the spouse is not named in the Will, he or she will have to contest the will to receive an inheritance. This is an important reason to make sure you have a Will. Moreover, if you wanted your surviving spouseto inherit your entire estate, you would need to specifically mention this in your will.

Myth 3: My ex-spouse cannot inherit my property.

This is not true if you have an outdated Will that leaves an inheritance to your now-ex-spouse. Be sure to meet with your estate planning attorney whenever you experience a major life event like a divorce, to make sure your will is entirely up-to-date and reflects your current wishes, not those of 10 or 20 years ago.

Myth 4: My children and grandchildren have a right to inherit my property.

The fact is that your children and grandchildren do not have a legal right to inherit your property. To ensure that they will inherit, you must name them as beneficiaries in your Will. Again, make sure your Will is up-to-date; a child or grandchild may have been born after your Will was originally written. Let us assume your will names your older children as beneficiaries but does not mention the younger one(s) who were born or adopted after the Will was written. Most states will allow a child to contest a Will if it appears the child was left out by accident. A probate lawyer will tell you this means the child must go to the expense of time and money to contest the Will.

Myth 5: To disinherit a child, I just leave him or her out of my Will.

Disinheritance is specifically addressed by state laws. Let us say that you have named two children as beneficiaries and do not name a third child. If that child contests the Will, the state will not assume the child is disinherited. To disinherit a child, you must state in your Will that you are not leaving assets to this child. Another method is to leave just a small amount to the disinherited child so it is clear the child was not left out by accident.

Clearly, you need the help of an experienced estate attorney to navigate your state’s inheritance laws. Set up a consultation today to create or review your estate plan.

This blog was originally posted on https://www.pa4law.com/think-you-understand-inheritance-rights-heres-what-you-should-know/

Read More

Couples Without Children: 5 Estate Planning Tips.

Couples who are child-free sometimes think they don’t need an estate plan, but nothing could be further from the truth. An estate plan created by the best estate attorney ensures that your assets go where you want them to go after you pass away. Following are five estate planning tips of particular importance to couples without kids:

1.    Yes, you need a Will. If you don’t have a Will, you are not alone, as 64% of American adults don’t have a Will. It is time to put yourself among the very smart 36% who do have a Will. A Will ensures that your property goes to the persons and/or entities you choose; not having a Will leaves it up to the state to decide who receives your property.

Start your estate plan with a Will that addresses the following:

•    What happens if your spouse survives you? You may want him or her to have a portion, and also to make bequests to a favorite niece, your house of worship, your alma mater – whatever! A Will is the only way to make sure it happens as you wish.

•    What happens if both you and your spouse die at the same time? In this scenario, there is more property to go around, so you may give more generously to a few, or give to more people or organizations.

•    What happens if your spouse survives you, but then dies shortly thereafter? You should ask this question particularly if you are leaving everything to your spouse. When the spouse passes away, his or her Will determines what happens to the assets you left behind.

2.Establish power of attorney.  Most likely you would rely on your spouse to make decisions for you should you become incapacitated. But what happens if your spouse dies suddenly or becomes incapacitated? Give another trusted person (or persons) your power of attorney to pay your bills, manage your money, and sell property. You may also choose a separate individual to have your health care power of attorney and make medical decisions for you.

3.Beneficiaries.You would designate who receives the assets in retirement accounts or a life insurance payout by naming beneficiaries. Once you have named beneficiaries, it is important to keep these current. We all know that life changes, and sometimes very quickly. Plan a periodic review of your estate plan with your estate planning attorney.

4. Start giving now. You may name individuals or charities as recipients of your generosity right nowand enjoy the thanks while you are alive. There are trusts you may establish that will allow you to live off of the assets of the trust, and then when you pass away, the remaining balance goes to the individuals and/or chariies you have chosen. There are other ways to structure giving through trusts, so it is very important to consult with an experienced estate attorney.

5. Plan for your pets. Did you know that 500,000 pets are euthanized each year because their owners did not provide a plan for them? Make sure your beloved pets are cared for in the way that you wish. You must designate someone to be the pets’ guardian, but make sure the person agrees to this role. It’s also best to leave funds for the care of your pets. If no one comes to mind, there are nonprofit organizations that will take-on this responsibility (again, you should designate funds for the care).

Don’t wait any longer to become part of the smart 36% who already have estate plans. You (and your spouse if applicable) should meet with an experienced estate attorney at Perna & Abracht LLC.

This blog was originally posted on https://www.pa4law.com/couples-without-children-5-estate-planning-tips/

Read More