How To Prevent Your Will From Being Contested
When you are in the process of writing your will, you are trying to think about what will be best for your family members in the years ahead. Unfortunately, even if you have carefully considered all the options while completing your will, there is always the chance it may be contested upon your death. Should this happen, it could potentially delay the carrying out of your final wishes for possibly years, depending on the complexities involved in the process. If you want to make sure your will is one that will not be contested, work with estate planning attorneys in Coral Springs FL at Bakalar & Associates.
What is a Will Contest?
When a will is contested, this means there is a family member who is not satisfied with something they did or did not receive upon the reading of the will after your passing. In many cases, this will keep not only the person who is contesting the will from getting what they want, but it will also prevent your other heirs from receiving what they were provided for in your will as well. Needless to say, this can lead to family disputes that can last for years, severely impacting relationships that may never be fully repaired. To keep this from happening, do all you can to avoid a contested will by relying on the advice of a Coral Springs FL estate planning attorney.
When Can a Will be Contested?
As to when a will can be contested, there are many reasons. In most situations, a contested will occurs when a disgruntled family member believes you were not of sound mind when creating your will, if another person may have had undue influence over you regarding your will, if fraud may have taken place, or if the will was not properly executed. Since any of these allegations must be taken seriously, they can greatly delay the will’s execution. Instead of seeing this lead to a destruction of what may have once been a close family, let Florida estate planning lawyers help you ensure all will go well in the end.
Explain Your Decisions
Many times when wills are contested, it is because those who feel slighted do not fully understand the decisions behind what was contained in the will. Therefore, estate planning attorneys in Florida usually advise their clients to explain their decisions related to the will’s content. To do so, you can talk to family members prior to drafting your will. Or if you prefer, you can choose to state the reason for your decision in the will itself, or include a letter with your will explaining your reasoning. Whatever the case may be, it is best for you to work with Florida estate planning attorneys you know and trust.
Proper Execution of the Will
First and foremost, making sure your will is properly executed will help avoid many problems associated with a will contest. If you want to make sure no problems emerge following your death, work with a Coral Springs FL estate planning attorney to ensure your will is properly drafted. Also, your estate planning attorneys in Coral Springs FL will also be able to ensure the document is signed and also witnessed by two independent individuals.
Since even the simplest of wills can be open to being contested, it is best to make sure you leave nothing to chance when drafting your will. If you are in the process of getting your estate planning underway or perhaps need to make changes to an existing estate plan, don’t procrastinate. Instead, schedule a consultation today with a Coral Springs FL estate planning attorney at Bakalar & Associates.