Estate Contests

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This presentation discusses the process of disputing a Will, parties that are particularly at risk, and how to avoid future disputes over your estate.

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Estate Contests

  1. 1. ESTATE CONTESTS”When Things Go Wrong”<br />TIMINS & LaMAGNA, LLP<br />399 Knollwood Road, Suite 300<br />White Plains, New York 10603<br />(914) 819-0663<br />www.tllawoffices.com<br />_______________________________________________________________<br />Attorney Advertising<br />
  2. 2. Probate v. Trust Administration<br />
  3. 3. How is the Contest Handled?(from least to most expensive)<br />
  4. 4. Reason to Contest an Estate (You are going to see a Court Attorney)<br />FRAUD – you were tricked<br />UNDUE INFLUENCE – you were pressured or forced to do something<br />MENTAL CAPACITY – you did not have the mental capacity to decide your estate plan<br />IMPROPER DOCUMENT EXECUTION – general practitioners & “Do-It-Yourselfers” beware<br />MISTAKES – can be an error in document or a beneficiary’s name, forgotten assets, etc.<br />BEQUEATHED ASSET IS NOW GONE – “Ademption” (bene gets nothing) <br />ORIGINAL WILL IS LOST or MODIFIED BY HAND – leads to several types of contests<br />DON’T TRUST NAMED FIDUCIARY – can be for any reason<br />JUST FOR THE HECK OF IT – maybe a beneficiary holds a grudge or feels short-changed<br />
  5. 5. People at Risk of Estate Contests<br />Second Marriages (children from past marriage<br />People with Diminished Mental Capacity<br />People with Disgruntled, Debtor/Spendthrift/Addict or Disabled Beneficiaries (create TRUSTS)<br />The Elderly (caretakers may defraud)<br />People who are Legally Blind or Disabled<br />“Life Partners” / Companions<br />People with Large Debts<br />People with NO Formal Estate Plan (State law default)<br />“Do-It-Yourselfers” (they ALWAYS make a mistake)<br />

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