7 Tips on How to Avoid a Will Contest: The last few years have seen a noticeable increase in the number of will contest cases being litigated in the U.S. Florida probate law does not allow for no-contest provisions in a will; however there are other strategies to head off a potential will contest.
Here are seven tips that estate planning experts advise clients to take to minimize the chance their wills will be contested:
- Hire a good estate planning lawyer. While it is fairly easy to draft a will online these days, these wills do not always take into consideration your individual circumstances and the family dynamics that could trigger a will contest.
- Choose the right executor and trustees. Don’t appoint relatives who don’t get along.
- Talk to your family about your intentions now. Inform family members of your intentions to alleviate future misunderstandings.
- Be aware of state laws. Laws vary from state to state; if you hire a good estate planning attorney, you can avoid probate and sidestep other pitfalls.
- Confirm your estate plan over time. If you confirm your estate plan, it makes it harder to contest your estate.
- Make sure you have titled assets clearly and correctly. And ensure they match the provisions of your will.
- Don’t try to manage your estate from the grave. Consider letting heirs make some minor determinations on how assets like tangible personal property are divided.