A comprehensive estate plan is an essential part of every person’s legacy and ensures that your loved ones are provided for today and in the future. However, without careful planning, your estate could be contested. Learn how to avoid a contested estate below. If you need assistance with wills, trusts, powers of attorney, etc., the Illinois estate planning attorneys at Bruning & Associates, P.C. have years of education, training, and experience in estate planning.
Contesting An Estate Plan
Even with excellent estate planning, someone could still contest your estate. This might happen if a family member is displeased with what they receive in the will. There are several ways that a will could be legitimately contested:
Undue Influence
This means the testator – the person who wrote the will – was under undue influence by someone to write the will in a specific way. The person who contests the estate must prove that someone influenced the testator to write the will in the way they did.
Fraud
Fraud means the will was forged. The person contesting the will could argue that another party signed it or that the person who witnessed the signing was untrustworthy.
Lack of Capacity
This means the testator was mentally incompetent when writing and signing the will. Or you did not remember what your assets and property were.
How To Avoid A Will Contest
There are several ways to lower the risk of a contested estate and ensure that your wishes are followed. They are:
Ensure The Will Is Complete And Clear
A well-written will is vital to ensure that it will be enforced after you pass away. Working with a skilled estate planning attorney at Bruning & Associates, P.C. will ensure your will is ironclad and comprehensive.
Add A No-Contest Clause
A no-contest clause means that anyone who contests your will shall forfeit their stake. However, a no-contest clause only works if the person with a stake in the will would likely not contest it successfully.
Communicate With Your Family
It also is helpful to communicate with your loved ones about what is in your estate plan. Ensuring your family understands your goals and wishes can reduce the chances of a will contest later. If the family knows roughly what is in your estate plan and will, it is less likely someone will be unhappy with it later.
Keep Your Estate Plan Updated
It also helps to avoid will contests by reviewing your estate plan periodically and updating it. People die, get divorced, children are born, and other life changes occur. So, have your estate planning attorney review your plan every year or two. Updating the plan reduces the chances that someone could contest it after you pass.
Contact Our Illinois Estate Planning Attorneys Today
The last thing you would want after you pass on is for someone to contest your estate. Following the tips mentioned above can prevent this from occurring. The Illinois estate planning attorneys at Bruning & Associates, P.C. can provide legal help to protect your assets. Your legacy is important, so start your estate planning today by calling our attorneys today at (815) 455-3000.
