Creating a Last Will and Testament is your opportunity to decide precisely what happens to your estate assets after death. In most instances, that is exactly what happens. Sometimes, however, a challenge to the validity of the Will is filed. If the contestant is successful with that challenge, the Will is declared invalid and the estate is probated using the relevant state intestate succession laws. If the contestant is not successful, the probate of the estate continues using the Will submitted … [Read more...] about What Is a “No-Contest” Clause in a Will?

If you have executed a Last Will and Testament, you are undoubtedly counting on the terms of that Will being followed during the probate of your estate. After all, a primary motivation for creating a Will is the ability to dictate how your estate assets will be distributed when you are gone. If someone successfully challenges your Will, however, your wishes will not be honored, and your estate will be distributed using the state’s intestate succession laws. A Grand Forks estate planning attorney … [Read more...] about Can I Prevent a Challenge to My Will?

Unfortunately, even a well-drafted and properly executed Will cannot prevent your heirs from contesting the Will. There are, however, some things you can do to decrease the likelihood of litigation during the probate of your estate. The Grand Forks estate planning attorneys at German Law explain how including a no-contest clause in your Will is one of those things. Your Last Will and Testament  Executing a Will lets you make specific or general gifts of your estate assets to be … [Read more...] about Can I Do Anything to Prevent a Will Contest?

The first estate planning document you create will likely be a Last Will and Testament. If you are planning to execute a Will for the first time, you need to spend some time thinking about what terms you want to include in your Will ahead of time. To help you, the Grand Forks estate planning attorneys at German Law help you prepare for creating your Will by discussing some questions to think about ahead of time. Last Will and Testament Basics At its most basic, a Last Will and Testament is … [Read more...] about Things to Consider When Creating Your Will

Given that a Last Will and Testament typically serves as the foundation of a comprehensive estate plan, care should be taken to avoid making a mistake when creating your Will. Nevertheless, there are some common mistakes people make. To help you avoid making them, a Grand Forks estate planning attorney at German Law offers some insight into mistakes you do not want to make in your Will. Failing to work with an estate planning attorney. In today’s electronic age, it is tempting to turn to the … [Read more...] about Do Not Make These Mistakes in Your Will

You have undoubtedly been told by well-meaning friends and family members how important it is to execute a Last Will and Testament. Nevertheless, you have yet to take the time to create one. To help encourage you to get started on your Will, a Grand Forks estate planning attorney at German Law explains why you need a Will. Testate vs. Intestate Understanding some of the more important legal terminology is a good place to start. A “testate” estate refers to the estate of a “Testator” who … [Read more...] about Why Do I Need a Will?

People frequently make the mistake of assuming that estate planning is only necessary for those with substantial assets. While an elaborate and complex estate plan may not be needed by all, a basic plan that starts with a Last Will and Testament is needed by everyone. Failing to execute at least a Last Will and Testament can have a number of unintended negative consequences. A Grand Forks estate planning attorney at German Law offers three reasons why a Will is necessary. Last Will and … [Read more...] about 3 Reasons a Will Is Necessary

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?

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?