Creating an estate plan is one of the most crucial steps you can take for your family. How you divvy up your estate may set the tone for what happens after you die. New Yorkers who want to protect loved ones from litigation during probate need to do what they can in the planning stages.
You can avoid some of the most common reasons the court invalidates wills. The professional staff at Bashian P.C. wants to help you create an estate plan that holds up against legal contention. Allow us to point out ways a challenge to a will occur and how we can help you avoid them.
Execution of documents
If people want to challenge your estate, they will find any reason to do so. An avoidable error is failing to execute estate documents properly. New York requires two witnesses to sign a will along with the creator. Only adults who do not have anything to gain in the will may serve as witnesses. If there is an error in this, someone may contest the will’s validity and have it thrown out.
Diminished capacity
When drafting a will, you need to understand your wishes and the implications they have. This is especially true when you decide to do something more radical, like disinherit someone. That person may choose to challenge your mental fitness to have the will invalidated. Have your doctor sign a letter addressing your mental fitness near the date of will execution. This letter may become vital evidence in estate litigation.
You set out your wishes and want them followed after your death. You should create a solid plan that others cannot overturn. Follow the link for more insight on estate planning.
