Can you keep your family from contesting your will?

On Behalf of | Mar 21, 2022 | Will Contests

As a responsible adult, you took the time to create an estate plan. The goal was to help ensure your family knew your wishes and that they would be carried out after you passed away. 

Unfortunately, the legal system allows some people to contest your will. While there may not be any way to keep this from happening completely, you can take steps to help ensure no one contests your will after you pass. 

Talk to your heirs

One of the best ways to prevent your will from being contested is by talking to your heirs. Let them know why you have left certain assets to certain people. Discuss any concerns they may have. If you address the situation early, you can prevent issues early on. 

Consider a living trust

If you are worried that your will is going to be contested, consider setting up a revocable living trust. These allow you to use the money and assets you have while you are alive, but when you pass, the remaining items in the trust are distributed based on your terms. These are established when you create a trust. 

Trusts don’t go through probate, which means they aren’t subject to the same types of legal actions as a will. Also, they remain private and aren’t public records. That means that people you don’t include in the trust won’t know what you have left to whom. 

Preventing conflict after you pass

Unfortunately, a will is often contested because heirs don’t agree with how you distribute your assets. By discussing your plans ahead of time, you will be taking a step in the right direction to prevent this. Also, having an estate plan with a will and living trust will further safeguard your wishes. 


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