Copper Wren Law

A Legal MinuteWill contests & capacity

Why Clear Estate Planning Prevents Family Challenges

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The short answer

In one case discussed on the podcast, a person devoted to their animals used an attorney to specifically disinherit, in their trust, children they had not seen or spoken to in years. The children were unhappy, but in the speaker's view, the clearly documented plan left them no room to challenge it.

From the full episode Real-Life Probate Horror Stories & Lessons Learned (20:29).

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Transcript

That one I liked because this person, I was lucky enough to meet them prior to them passing, and they were just, you could tell their animals were their whole world. And so it was really good that they were able to set up their estate plan how they wanted it. But the kids were not happy, and they were all bent out of shape about the animals. But there was no room to challenge it, because they had done the right thing. They had gone to an attorney. They had put in the trust, like, I'm specifically disinheriting them. I have not seen or spoken to them in x amount of years.

And so they were only entitled to get that page of the trust that said that language. And they kind of put it together through, you know, other people that knew this person, like asking them, "Hey." And they're like, "Oh, no, it's going to all the animals." So they never actually saw the trust, but they just kind of heard through the grapevine of what's going on.

But yeah, I have seen that a few times, and for me, it's like, some people, that is their babies, and they should be able to take care of them.

Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.

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Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.