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12/28/2017

Check with Attorney before Challenging Estate

Question“No contest” clause is included in attempt to avoid challenges, but state laws vary.

The outcome of a challenge to an estate isn’t guaranteed and could backfire, according to the Wills, Trusts & Estates Prof Blog in "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."

Sometimes when a person challenges a no contest clause and loses the challenge, courts will refuse to enforce the clause. Sometimes when a person challenges a no contest clause and wins the challenge, the court will enforce the clause anyway.

The difference between the two extremes is a matter of individual state law and what exactly is being challenged. There are different rules in every state.

Contact us if you need advice on the wisdom of filing a challenge and the liklihood of potential outcomes.

Reference: Wills, Trusts & Estates Prof Blog (Nov. 24, 2017) "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."

Posted by on 12/28/2017 at 02:21 PM |

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