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Asked on February 27, 2013 under Estate Planning, California
Answered 11 years ago | Contributor
Incontestability clauses are unenforceable in Florida. Please check with an attorney in your state to find out if the clause you mentioned is enforceable. Do not let an opportunity pass simply because you did not ask the right questions of the right person. Good luck.
Yes, if the clause is clear , as to who the clause is to apply to, and when. However sometimes, the contest claimant may have a potential claim, so obtain probate counsel to advise you, as to whether settlement or trial of the issue is advisable.
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