Avoiding Will Contests
By Martin M. Shenkman, CPA, MBA, JD
Law Made Easy Press
Estate Video - Chistopher Naughton’s Law Journal
Avoiding Will Contests
Christopher Naughton, Esq.
CN8, The Comcast Network
1351 South Columbus Boulevard
Russell Fishkind, Esq.
Wilentz, Goldman, Spitzer P.A.
Woodbridge Center Drive
Suite 900 Box 10
Woodbridge, New Jersey 07095
Martin M. Shenkman, P.C.
Law Offices of Martin M. Shenkman, P.C.
4 Forest Avenue
Paramus, New Jersey 07652
There are a number of methods that you can use to protect your wills and estate effectively. More importantly, by using these methods we are trying to prevent litigation from occurring. Here are some important steps that one can do to avoid litigation in the matter of contested wills and estates:
1. Do everything necessary to avoid issues or problems that could lead someone to contest a will.
- By safeguarding your will, you can prevent anyone from contesting your will and succeeding.
2. Use a drafting technique called the Terrarium Clause or no contest clause.
- If the clause is contested, he or she will not receive the contents of the will directed towards them.
3. Address the issues in the will towards interpersonal relations.
- Those relations might be the motive or reasons to why the will was established.
4. Make sure that during the signing of will you are not under any apparent duress, have a proper mental and physical nature, and have an exact understanding of what you are signing.
- These are the main three reasons for a will contest and anything that can be done to avoid these issues will be beneficial to you or your loved ones in the future.
5. Overlook the stipulations under the will every couple of years.
- Recent changes in family relations can have a tremendous influence on a will.
6. Make sure you are familiar with all existent will's that have a direct relation with you.
- Knowing this can ensure that you are not burdened by false information about an estate.
The above is a summary of a TV show episode on CN8, The Comcast Network, with host Christopher Naughton, of Chistopher Naughton's Law Journal in Philadelphia, Pennsylvania and his guest Martin M. Shenkman, Esq. an estate planner in Paramus, New Jersey. Listen to the video clip of this segment on www.laweasy.com.
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