When a loved one passes away, it can be difficult to accept the loss. Sometimes, the grieving process is made even more difficult as a result of concerns surrounding the decedent’s state of mind at the time he/she executed a Last Will and Testament. When that happens, it adds uncertainty and confusion to your already heightened emotions. How do you prove that your loved one did not have the requisite testamentary capacity to execute his/her Will? To give you an idea of the road ahead, a Grand … [Read more...] about What Is Required to Show Lack of Testamentary Capacity in a Will Contest?
One of the primary reasons for executing a Last Will and Testament is to ensure that the assets you leave behind will be distributed according to your wishes. If someone challenges the validity of your Will, however, the ensuing Will contest could result in those wishes not being honored. To help prevent that from happening, a Minot estate planning attorney at German Law Group discusses what you can do to prevent a Will contest after you are gone. What Happens When Someone Contests a … [Read more...] about What Can I Do to Prevent a Will Contest after I’m Gone?
For most people, one of the primary reasons why they execute a Last Will and Testament is to ensure that their estate assets are distributed according to their wishes after they are gone. If that is one of the reasons why you have a Will in place, you certainly don’t want someone to challenge that Will after your death. Although there is no sure fire way to prevent a Will contest, a Grand Forks wills and trusts attorney offers some suggestions that will help decrease the odds of a challenge to … [Read more...] about Steps You Can Take to Decrease the Odds of a Challenge to Your Will
Most people execute a Last Will and Testament as their initial estate planning document because a Will has the ability to distribute all your estate assets after your death. A Will has limitations though which is why those same people often choose to rely on a revocable living trust to distribute their estate assets at some point down the road. Once you have a revocable living trust in place, do you still need a Will? The simple answer is “yes.” The Limitations of a Will A Last Will and … [Read more...] about Do You Need a Will If You Have a Revocable Living Trust?
For the average person, the first step in creating an estate plan is drafting and executing a Last Will and Testament. If you are just now contemplating the steps you need to take to get started on your first estate plan, you may be tempted to try taking a shortcut that includes using a DIY Will instead of working with an experienced estate planning attorney. Doing so will save you both time and money and finally get your estate plan started, right? It’s just a simple Will after all…how … [Read more...] about Do I Need an Estate Planning Lawyer for a Simple Will?
Like many people, you may have put off creating and executing a Last Will and Testament for any of a wide variety of common reasons. If you are now ready to get started on your Will you may be wondering if you really need an estate planning attorney to help you create your Will. Although it may be tempting to go the DIY route, in the long run, it can have disastrous consequences for your estate and for your loved ones. Why You Need a Last Will and Testament For most people, a Last Will and … [Read more...] about Do I Really Need an Estate Planning Attorney to Help Me with My Will?
Losing a parent, whether the death was anticipated or not, is not easy to accept. The days, weeks, and months following the death of a parent are typically filled with heightened emotions that may range from sadness and loss to denial and anger. If you are going through this period because you recently lost your father, you are undoubtedly struggling to accept that your father is gone. That struggle may be made worse, however, if you believe that there is something wrong with your father’s Last … [Read more...] about Can a Probate Attorney Help Me Contest My Father’s Will?
If you are like most people, your estate planning process will begin by creating a Last Will and Testament. As you move through the stages of your life, and your estate grows, you will likely incorporate additional estate planning tools and strategies into your estate plan. A basic Will, however, is a good place to start. The best way to ensure that your Will reflects your wishes with regard to your estate, and that it will withstand a challenge should someone make one, is to work closely with … [Read more...] about Tips for Creating a Will
Like most people, you are probably aware of the importance of having at least a basic Last Will and Testament in place even if you are not yet prepared to create a more comprehensive estate plan. Also like most people, however, you may have yet to actually create and execute your Will. This may be because you haven’t had the time or because you think having an attorney help you with your Will would be cost prohibitive. Unfortunately, both of these explanations for not having a Will in place are … [Read more...] about Top 5 Reasons to Avoid DIY Wills
When you think about creating your estate plan you undoubtedly think about creating a Last Will and Testament. While it is true that a Will typically serves as the foundation for a well thought out estate plan, it is not typically the only document in a comprehensive estate plan. The additional components you choose to include in your estate plan will reflect your unique needs and wishes; however, one of the most common additions to a comprehensive estate plan is a trust. In fact, some people … [Read more...] about Wills vs. Trusts