Whether you are deciding how your assets will be distributed after you pass on or are helping a loved one make their decisions, you want to ensure that the careful estate planning doesn’t go to waste.
Inconsistencies in the will, or questions about the conditions under which the will was created, can cause changes to be made after the death of the testator. So what can you do to guarantee that a will is airtight?
Acquiring professional legal help
The most important step when drafting a will is to enlist the services of an Estate Planning Lawyer. They will be familiar with the correct legal procedures and common mistakes to avoid. This step alone can save you a lot of time, money and headache.
Your lawyer will advise you to take various steps in the process of creating a will to serve as evidence in the case the legitimacy of your will is challenged.
Mental evaluation
A common dispute in the distribution of the wealth and assets of an estate is against the mental health of the testator. It may be argued that the testator was not of a sound mind when making their final decisions, perhaps because they were strongly influenced by someone, or because they were suffering from a mental disorder such as dementia.
Having a physician evaluate the mental condition of the testator and provide formal documentation of this will reduce the legitimacy of these arguments. This provides objective judgment from a third-party, which is worth a lot if the case comes to litigation.
Provisions in the Will
One of the strongest ways to remove the incentive to challenge the will is to include provisions whereby the share a challenger would receive is reduced in the event that they dispute the will. This will eliminate any disputes that are simply an attempt to get “a little bit more”
A professional you can trust
In all cases, careful planning and preparation is the best protection against legal chaos. Hiring the services of an Estate Planning Lawyer will let you tap into a wealth of knowledge and experience so you can dodge many of the avoidable mistakes.
Ultimately, if a will that you have an interest in is challenged, you will want to have a reliable Estate Litigation Lawyer on your side. If you or someone you know if dealing with issues surrounding the distribution of assets from an estate, contact Epstein & Associates for professional legal help that you can trust.