No-Contest Clause: Why Have One?
In an effort to ensure their wishes are met and avoid disputes among family members a person may include what is called a no contest clause in a will or living trust document. The no contest clause is...
Competency & Will Challenges
If a person was mentally competent upon making a will and then becomes mentally ill, is the will still good?
The relevant question concerning the validity of wills is whether the person was competent at the time the will was made and executed (signed before witnesses). If the person was competent at that tim...
Will Contest Statute of Limitations
Statutes of limitations for contesting wills, or time limits for a will contest, depend on when the will was admitted to probate rather than on the date of the individuals death. There are other time ...
Can I disinherit my spouse and/or my child(ren)?
Can I disinherit my spouse?...
My brother who was left out of dad’s will is challenging it. What can we expect if we settle?
In a settlement, instead of getting nothing and having to pay his or her own legal bills, your brother would get something, which would deplete the size of the estate that would otherwise go to the ot...
Are You of Sound Mind?
Anyone making a legal document, such as a will, must be of sound mind when that document is signed....
What happens when someone objects to a will?
Expert advice on how to handle a will contest. If someone files an objection to the will in probate court or produces another will, then what is known as a will contest will begin. While few people ev...
Will Contests
A will contest occurs when someone challenges a will and asks that it be thrown out as invalid. Although they are relatively rare, will contests do occur. They can only be brought by a person with sta...
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