Protecting You, Your Family, And The Life You Worked Hard To Build

What can you do to minimize the risk of will contests?

On Behalf of | Aug 8, 2022 | Estate Planning |

As one part of an LGBTQ+ couple, you know that you’re in a unique relationship compared to many people around you. Though there are laws that protect you now, you want to make sure that you have your estate plan set up in a way that will protect your partner if you pass away.

You don’t want to risk other people coming out of the woodwork to question if your partner is entitled to your assets when you pass away. You don’t want to think about them having to fight a will contest or go into a debate with your family about what they should or should not be able to inherit.

Fortunately, you do have options that can help. One of the most important things you should consider is preparing your planning documents with an attorney, so there is no question about who is supposed to receive an inheritance, how your property is going to pass one, and whether your documents are properly prepared and signed.

A trust can sometimes help prevent will contests

Trusts can be used to prevent will contests because they will not need to go through the probate process, if properly funded, and notice requirements are different for trusts than for probate.  Trusts are generally private documents, as the trust instrument is often not filed in the Court’s public records.

Consider no-contest clauses in your will

If you have a will and trust, another thing to do is to consider a no-contest clause. A no-contest clause states that if someone contests the will, they could lose everything that they stood to inherit. This makes it very unlikely that anyone would contest a will without just cause.

These are two things you can do to prevent will contests. With either a trust or a no-contest clause (or both together), you can make sure your estate plan is solid and that your loved one will get what you plan to leave behind for them.