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Minimizing Challenges to Your Will

If you have a concern that one of your heirs may challenge your Will, you should consider using a Trust as a “Will Substitute” in order to reduce the possibility of a challenge to your Estate Plan. Where your assets pass by Will, your Executor must seek out your closest family members to present them with an opportunity to challenge your Will.  However, where a Trust is used instead of a Will, the onus shifts to the person wishing to challenge your Trust, so that they must initiate the Court Proceeding. Please note however, that it is not enough to merely create a Trust. You must also be sure that your assets are either titled to your Trust, or pass through your Trust at death. You may also avoid Probate by using various kinds of “beneficiary designations” including “POD”, “i/t/f” and “TOD”, but such designations may not accomplish your objective in the event one of your beneficiaries dies simultaneous with you, or before you. You should also make sure there are sufficient assets available to your Executor or Trustee to cover any estate Tax or Income Tax liabilities, and any funeral and administration expenses of your estate.

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Wills in General

Examples of WHAT A WILL CAN DO

Examples of WHAT A WILL DOES NOT DO

Minimizing Challenges to Your Will

 

 

The Witecki Law Office
(518) 372-2827
8 South Church Street
Schenectady, NY 12305
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