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The No Contest Clause in Wills and Estate Documents

One of the greatest concerns in making a will should be what happens if one or more of the parties attempt to thwart your wishes by contesting the will. Maybe you have disinherited a child or put funds into a trust for a child who goes through cash faster than you wish. If they sue, even if they lose they could tie up the estate and penalize the beneficiaries by eating up assets defending the will document’s validity. Consider a No Contest Clause in your will or ask your attorney to draft such a clause for you. Simply put if a person named in the will decides to contest the will and they lose, they forfeit whatever they would have received. For instance if one of your children was given $25,000 in the will but another child was given the home you own where they were all raised, the $25,000 son sues and loses they would lose the $25,000 and these funds would go back into the will to be distributed to the other beneficiaries. The sad thing is that everyone thinks it will never happen in their family. Grief and long seeded jealousy have a way of rearing the ugly head at the passing of a loved one. It is wise to consider adding a disincentive to suing even if you think it will never happen to you.

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