The purpose of estate planning is to ensure that no one tries to change the conditions of the will, but unfortunately, it can happen more often than not. So, here are ways you can prevent it from happening. The tip for preventing this is, of course, hiring a good estate planning lawyer PG County. Let’s begin!
Get A Good Lawyer
You need to have a good legal representative for your assets. This means that you have to search for a good estate planning attorney because they can guide you better, as to how you can avoid these hiccups while your will is in place. A good lawyer will make all of the difference and if you go for a lawyer who has experience working with these types of cases, then that is even better because they know what things to avoid and how to make the whole process as seamless as possible.
So, whenever you’re on the hunt for a good lawyer, always make sure that you’re prioritizing experience and success as key factors because then you’ll know that your case is in good hands.
Start Estate Planning Right Away
This is also something that a lot of people do and it can lead to contesting of the will. People believe that estate planning is for when you’re old and gray, however, that’s not true at all. The sooner you start, the better. You might also think that you don’t have any assets at the moment to start an estate plan with, but you don’t need a lot to begin with. You can start with whatever you have and include it in your estate plan.
This is a crucial step because you don’t want things to get delayed unnecessarily. So, start an estate plan as soon as possible and you’ll thank yourself for being an early planner. Things will pan out for you in the end, so hang in there.
Always Update Your Will
Laws are ever-changing and you need to ensure that your estate plan is also in accordance with the present laws and amendments. So, making an estate plan is one thing, but maintaining it from time to time is a completely different task, that you need to be on top of.
Maintaining and updating your will is only beneficial for you in the end. It’s not just about the laws. You can also change the beneficiaries if you want, and even the assets as you go, if you sold something or even purchased something along the way. This is going to help you in the end.
Have A No-Contest Clause
If you want to be on the safe side and don’t want anyone to mess with your will and the contents and instructions in it, then you need to include a “no-contest clause” in your will. This is essentially a warning to anyone who tries to contest or challenge the will in court. If they try to do anything, then they simply won’t get anything.
This is a foolproof way of ensuring that your will is ironclad and that there are no chances of change or challenges in court. Your estate planning attorney Bowie can walk you through the steps of including this clause in your will.
Keep Your Family In The Loop
Another thing that you must do to prevent contesting from the get-go is to have your family in the swing of things. You don’t want to keep the potential beneficiaries in the dark, regarding your assets. But you also don’t want to give too much away, depending on what your plans are.
So, if you know that your family will be understanding, then let them in on what your plans are with the assets and how you’re constructing the will. Chances are that they will understand for the most part.
Have All The Medical Evaluation Reports
Oftentimes than not, the most common grounds on which a will can be contested is the fact that the testator or the owner of the will is medically insane or they’re not mentally capable of making decisions.
Well, you don’t want these claims to take over your will and your decisions, so always ensure that you have your medical records and even the most recent evaluation, that indicates that you’re, in fact, medically and mentally sane. This is also something that will prevent your will from getting altered and it’s a lifesaver in these unwanted circumstances.
Transfer Assets In Your Life
Wills usually can be a bit hard to deal with, for most people, so if you think that there is a high chance of it getting contested, then you need to do the next best thing. You should always distribute the assets you have in your life when you’re still healthy and capable of making decisions on your own.
This saves you a lot of time and energy and you don’t even need to get any lawyers involved in this. However, if you involve a lawyer, it would be better. It’s simple and everything is dealt with so that you can go ahead and live the rest of your life peacefully.
Consider Trusts
Trusts are getting a lot of attention nowadays and for a good reason. They’re private and personal and you don’t need to show them as public records. A will, on the other hand, is a public document that is filed in the court for the probate process.
A trust, on the other hand, doesn’t need to go through the lengthy probate process and it’s easier to manage. So, if you feel like wills are too much work, then you can consider a revocable living trust and it will be a breeze for you, from that point onwards.
Keep The Will Signing As Evidence
This is another very common and understandable reason why wills are contested in courts. A lot of the time, people believe that the testator has made the will under pressure or even signed the will under the influence of other things or people.
This is why video recording the signing of the will is a great way to ensure that you weren’t forced by anyone to sign the will. It was your own choice and you were not pressured by anyone. This can also prove your case in court and the one contesting will be the one getting in trouble for possibly lying in court.
Be Independent
This also ties in with the previous tip, you want to write the will independently. You don’t want to include other people’s opinions in something that is your decision to make. Making a will is already hard, so make it as simple and intrusion-free as you can.
Figure out the terms of the will, the beneficiaries, and the time when heirs can get access to the assets on their own. This will make things a lot easier for you and you’ll make efficient decisions quickly when you’re the one in charge.
Conclusion
Contesting a will can put a damper on the speed of the asset division process, so you should not let it happen. Luckily, these tips will help you out. To avoid problems in the future, plan now with the help a qualified wills and trust attorney Largo.
