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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.

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