Information from a Will Contest Law Firm Bucks County, PA Locals Recommend
Some wills contain a clause known in legal terms as “in terrorem” or “no contest” in layman’s terms. Many people are not familiar with this clause and how it can affect their or another person’s inheritance. There are also questions about the enforceability of this clause. If you have questions or concerns about a no contest clause in a will, talk to us at Klenk Law We are a will contest law firm with a team of experienced lawyers who have helped many of our fellow community members in Bucks County. A will contest lawyer from our will contest law firm in Bucks County; PA can meet with you at no charge for a brief consultation that may offer you the guidance you need to make informed decisions about how to move forward.
When a will contains this clause, and a beneficiary violates the intention of the provision, the recipient may be subject to losing all or a portion of the inheritance specified in the will.
The answer to that question varies by state and the circumstances of each situation. A will contest lawyer from Klenk Law can review your case and determine the In Terrorem clause’s enforceability. In Pennsylvania, the court will consider the argument against the will. And, if the judge concludes that the case is valid and justified, she may not enforce the no-contest clause. It’s important to note that merely asking about the In Terrorem clause does not put the person in jeopardy.
Again, this will vary and can be clarified by an experienced will contest lawyer. However, there are some arguments that will generally not be accepted as valid. An example is an argument that voices suspicions without proof that the deceased was forced to write the will as they did, rather than of their wishes. Without documented proof provided by the person contesting the will, their argument will likely fail. This may trigger the In Terrorem clause. As a result, the court may choose to enforce it. Therefore, if the court does enforce the provision, the challenger may receive nothing.
As a will contest law firm Bucks County, PA men and women rely on, we have known of a broad range of estate issues varying from family feuds and probate matters to contesting a will and more. No one wants their beneficiaries to have to deal with arguments, fighting, and months or years in and out of court after their death which is why it is essential to keep an up-to-date estate plan, which may or may not include a will.
One of your goals of an estate plan is to ward off arguments amongst your beneficiaries and promote acceptance and an understanding that your wishes have been spelled out. To achieve this; thereby, preventing a will contest, we would recommend that you consider the following:
Up to 60 percent of Americans do not have an estate plan. Procrastination is very common and unfortunately can cause a broad number of problems. Realistically you should start planning your estate when you have something to lose, or anything of value, and are of a sound mind. It is not a good idea to begin planning when there could be a question about whether you knew what you were doing.
By creating or updating an estate plan at a time when you were able to make sound decisions and understand the repercussions, or consequences, of these decisions, could prevent a will contest.
If you don’t understand your obligations, goals, or the process, you can always talk with an estate planning lawyer.
People who choose to boast about an estate to everyone, and anyone, and who has cut a close relative completely out of may be more likely to have their will contested.
It is not advisable to tell everyone who you intend to leave your assets to and what their worth is. Instead, it may be better to sit down and talk with your loved ones about the estate plan, what you have done, and why. Keeping your loved ones informed about the choices you have made can prevent surprises, and a will contest.
A revocable living trust is an excellent estate planning tool to help avoid a will contest. This is mainly to do with revocable trusts being private while a living will is public. This means that the document that can be viewed by anyone once it is filed.
To find out more about will contests and how to avoid them, or even deal with one when it comes up, call Klenk Law.
Every case is different because the circumstances and variables differ. Is someone challenging a will? If so, we can help guide you to enforce your rights. Are you writing your own will, and worry about a will contest? If so, we can help guide you to help prevent the will contest.
At Klenk Law, our legal team of trusted will contest lawyers has helped many people who were challenged with estate issues and estate planning. Call us today and make an appointment for a complimentary case review with one of our trusted will contest lawyers.
Peter provided outstanding advice and preparation of a will and trusts.
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
Answered my question quickly and referred me to a colleague that could handle my problem
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Peter provided outstanding advice and preparation of a will and trusts.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
You & your staff are the best thank you for everything.
Peter and his staff handled all of our needs in a very professional and timely matter.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter and his associates made things easy for us.