Estate planning helps ensure that your assets go to the right people after your passing. However, this can only happen if your true wishes are reflected in your estate planning documents. Unfortunately, some individuals exploit vulnerable people to manipulate their...
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Top reasons for will contests
A will outlines a person’s final wishes, but sometimes, disputes arise. When family members or other interested parties believe something is wrong with a will, they may challenge it in court. These legal disputes, known as will contests, can be complex. Here are some...
What if their family questions the capacity of a testator?
Sometimes, the probate process moves smoothly. The testator provided clear instructions about their legacy, and everyone with an interest in the estate recognizes the validity of the documents. Other times, there may be controversy surrounding estate administration....
Can anyone contest a will?
If you write a will, there’s always a chance that someone might contest it. A will challenge can be difficult for your remaining family members to navigate and may arise for various reasons, such as undue influence, fraudulent documentation or changes to an estate...
The most common reasons for will contests
Drafting an estate plan involves utilizing several legal documents. One of these documents is a will. A will can outline your wishes in terms of who should inherit your assets when you die. It can also name specific guardians to look after your minor children. Thus,...
Beneficiaries may fight over items with sentimental value
While making your estate plan, one of your main goals may be to avoid estate disputes. Perhaps you’ve seen these play out with other families. You know that a dispute between beneficiaries can be very serious. Some people even have a falling out that is so significant...
How can you minimize the risk that your estate plan will be challenged?
Making an estate plan takes time, money and a great deal of thought. Hence, if you could look down from on high after your death and see someone contesting your will or trust, you’d likely be upset. Not only might you be disappointed that someone is questioning your...
Contesting a trust in Indiana
Many Indiana residents include trusts in their estate plans to reduce their estate tax exposure, give them more control over how and when their assets will be distributed, and help to avoid probate. Trusts are flexible and useful estate planning tools, but they can be...
When can you sue an executor?
An executor of a deceased person's estate in Indiana usually isn't personally responsible for those debts. However, an Indiana estate representative may be taken to court pertaining to the probate process if there's reason to believe a creditor didn't get paid in a...
With both a will and a trust, can the will take precedence?
Indiana residents who create an estate plan might want to have both a will and a trust. The will details how a person’s property is distributed and to whom; a trust manages assets while the person is alive and in some cases after they have died. Not all wills and...