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Estate Planning › Beneficiaries › Disinherit

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Bowditch & Dewey

When to Include a No-Contest Clause in a Will or Trust

Bowditch & Dewey on

One of the many reasons for executing a Will and Trust is to make your wishes clear and prevent animosity among family members or other beneficiaries after your death. However, there are circumstances in which it is clear to...more

Chambliss, Bahner & Stophel, P.C.

How to Deal with an Estranged Child in Your Estate Plan

Chambliss, Bahner & Stophel, P.C. on

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your...more

Freeman Law

Challenging Testamentary Capacity in Texas

Freeman Law on

When an interested party contests the capacity of the testator, what standard do courts use to determine the validity of a will? The recent case of Neal v. Neal provides insight. In that case, following her diagnosis of...more

Ward and Smith, P.A.

Preventing Trust and Estate Disputes

Ward and Smith, P.A. on

The death of a loved one should be a time for a family to come together.  As a trust and estate litigator, unfortunately, I often see families fall apart.  Every family's situation is different, but certain issues seem to...more

Downey Brand LLP

Showdown at the O.K. Corral – The Battle of the Omitted Heirs

Downey Brand LLP on

Providing for your children is one of the primary purposes of estate planning, but what happens to your carefully crafted trust if you had children you did not know about when you created the trust? Or, what if you have...more

Adler Pollock & Sheehan P.C.

Failure To Mention a Close Relative in Your Will

Adler Pollock & Sheehan P.C. on

Typically, you arrange to leave most of your assets to various family members, including your spouse and children. These dispositions are spelled out in your will. But you don’t have to do what’s “expected” of you....more

Downey Brand LLP

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

Downey Brand LLP on

No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...more

Bennett Jones LLP

Discouraging Family Fights from the Grave

Bennett Jones LLP on

If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything....more

Holland & Hart LLP

No-Contest Clause Upheld by the Wyoming Supreme Court With No Probable Cause Exception

Holland & Hart LLP on

No-contest clauses (sometimes called in terrorem clauses) are extremely common in today’s litigious society. A no-contest clause essentially makes all gifts under the will or trust conditional upon not challenging the...more

Downey Brand LLP

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

Downey Brand LLP on

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

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