How to Make Sure Your Will Holds Up in Court

Emotions run high after people pass away, which is why it’s important that you leave behind an ironclad will that can stand up in court. Well-meaning, but dissatisfied, family members can challenge a will if there are any inconsistencies or loopholes. You want your will and testament to be strong enough that it can’t be contested. That way, you can have peace of mind knowing that your assets will be distributed how you see fit. Keep reading to learn how an elder law attorney can help you make an ironclad will.

Don’t Wait to Write Your Will

While Hollywood shows people writing their last will and testament on their deathbed, you’ll want to come to our office a lot sooner than that. A last will should be written while you are in good mental health and in the presence of an attorney. It’s a misconception that only elderly people have a will: in fact, people of all ages should look into putting one in place. If you are elderly, make sure you hire an attorney with experience in elder law. Estate planning attorneys know how to recognize potential loopholes or inconsistencies before they lead to legal issues.

Receive Mental Health Validation

Before making a will, schedule an appointment with a psychiatrist to verify that you are in good mental health and in full control of your faculties. A mental health validation can prevent people from later saying you weren’t of sound mind when you wrote your will. While no one wants to think of their loved ones fighting in court after they pass away, it’s important that you prepare for this possibility. Having a mental health validation signed and sealed with your legal will can reduce the likelihood of someone contesting your will.

Have a No-Contest Clause

A no-contest clause makes it so that if a beneficiary challenges your will and loses, they are forced to give up their inheritance. If you are concerned that your loved ones will contest your will after you pass away, you may want to talk to your attorney about adding a no-contest clause. Many of the clients we work with decide to add a no-contest clause because they want to make sure that their final wishes are honored by loved ones. A no-contest clause also reduces the likelihood of someone contesting a will.

Hire an Elder Law Attorney

We don’t recommend writing a will on your own. An elder law attorney can make sure there are no unintentional loopholes in your last will that would prevent your assets from going to their intended loved ones. Even if you want to write a simple will, we still recommend hiring an attorney to help you through the process. Creating a will requires legal expertise so you can avoid accidental loopholes or inconsistencies that could lead to someone contesting your will.

Our Florida estate planning attorneys at Lusk, Drasites & Tolisano are dedicated to helping you prepare for the future through asset protection, Medicaid plans, and more. To schedule your free consultation, give our offices in Naples, Fort Myers, or Cape Coral a call at (800) 283-7442.

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