Hartford probate attorneys at Nirenstein, Horowitz & Associates will help you to create a last will and testament that should hopefully be considered valid during the probate process so you can control your legacy. Working with an experienced attorney to make your will allows you to take steps to maximize the chances the will can be probated. A compassionate and knowledgeable attorney can explain the rules for the creation of a valid will, can help you to draft a comprehensive document, and can assist you in making sure you have the witnesses you need for the document to be enforceable.
Unfortunately, whenever you make a last will and testament, there is always a risk that someone could challenge it. Connecticut 802b provides details on decedents’ estates, including procedures when a will has been contested.
If someone challenges a will, this can be a big problem, because if your will is successfully challenged, it is possible that your wishes won’t be respected and you will not get to leave your desired legacy. You don’t want this to happen to you, so you should explore different options to reduce the chances that someone will successfully be able to contest a will.
One of the options that you may decide to consider is the use of a no contest clause in your last will and testament. Nirenstein, Horowitz & Associates can explain to you how these clauses work, can help you to decide if you should include one in your will, and can explain the potential risks that still exist. We can also help you to explore the use of other estate planning tools, such as the creation of a revocable living trust, that could be more difficult for someone to challenge after you pass away. Give us a call to talk with Hartford probate attorneys at our firm to find out more.
Does a No Contest Clause Mean Your Will Won’t be Challenged?
A no contest clause included in a last will and testament does not prohibit someone from contesting a will. Instead, this type of clause aims to discourage someone from contesting a last will and testament because a person who decides to contest a will could lose any inheritance he or she otherwise would have received. Essentially, a new contest clause means that a person who disobeys your wishes and contests the will is at risk of getting nothing at all if the contest to the will is not a successful one.
No contests clauses are considered to be enforceable in the state of Connecticut when they are included in a last will and testament. However, there is an exception: the clause will not be enforced if the person contesting the will acted in good faith and if there was probable cause to believe that the will should not actually have been probated because it was not a valid one.
Because your heirs or beneficiaries may decide not to take a chance on inheriting nothing and so may decline to contest a will if you include a no contest clause, you can increase the chances your will ends up being probated.
However, there is no guarantee that your family members won’t decide to contest a will even with such a clause in place… especially if the inheritance they’ll actually receive is insubstantial compared to what they could obtain if they are successfully able to challenge your will.
Getting Help from Hartford Probate Attorneys
Nirenstein, Horowitz & Associates will help you to make a legally valid last will and testament that has the best possible chance of being considered valid and being probated during the probate process after you pass away. We can also work closely with you to identify other tools you can use to ensure that your wealth is transferred to desired heirs or beneficiaries after you have passed away.
In case a will is challenged, our Hartford probate attorneys can also represent the estate in fighting for the will to be enforced. Our goal is to help you ensure that the wishes of the deceased are respected and that legally valid wills are probated so the deceased has control over who inherits his money and property.
To find out more about the ways in which our compassionate and knowledgeable legal team can help you during the probate process, join us for a free seminar. If you are ready to get personalized help with your estate plan or with the probate process, give us a call at 860-548-1000 or contact us online today.