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Archive for October, 2016

Family Feud: Contesting a Will

Written by Charles Newland

Estate Planning AttorneyValuable estates can easily become war zones. The desire for land, possessions, or other assets can quickly sever family ties. Estates are typically distributed per the wishes of the deceased. But not always. There are cases when a court determines legitimate grounds exist to question a will’s validity. These contests, however, can trigger the beginning of a never-ending, bitter family feud. They are costly legal actions that take years to resolve. Three common grounds used to contest a will, include:

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Settling An Estate Without A Will

Written by Charles Newland

A closeup of signing, probateProperty that is not settled with a will or trust must either pass automatically to the heirs or be devised through probate. Probate is a legal process through which a will is accepted (or “probated”), or assets are devised to beneficiaries. Probate allows potential beneficiaries to submit claims to a person’s estate.

Wills that are not contested avoid probate; the estate administrator need only file a copy with the court as a public record.

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