If your estate is contested, the legal process can be lengthy and expensive, delaying the distribution of your assets to your intended beneficiaries. The reasons a court might find your documents invalid can vary depending on the unique facts of your situation. Understanding these reasons can help you take steps to minimize the risk of your estate being contested.

Common Reasons for Contesting Estate Documents:

1. Lack of Capacity: To create a valid estate plan, you need the mental capacity to understand the nature of your property, who your natural beneficiaries are, and the effects of your plan. If it can be proven that you lacked the mental capacity to comprehend these issues, your documents can be declared invalid.
2. Undue Influence: If someone exerted undue influence over you when you created your documents—through threats, coercion, or manipulation—the documents can be invalidated. This influence can happen when a vulnerable person is pressured by someone close to them.
3. Fraud: If it can be proven that someone intentionally deceived you or made false statements to induce you to create or change your documents, the documents could be invalidated for fraud. Fraud might involve lies about other beneficiaries or the nature of the assets.
4. Improper Execution: Each state has specific requirements for how estate documents must be executed, including the number of witnesses, proper signatures, and the process for signing and dating the document. If your documents were not executed properly, they may be declared invalid.

In theory, the court or a jury will decide whether the documents will be upheld or deemed invalid. In practice, these issues are often settled before trial, after much expense, and in many cases, families are never the same. The emotional and financial toll of these disputes can be significant.

To minimize the risk of challenges and ensure your wishes are carried out as you intended, it is highly recommended that you work with an experienced estate planning attorney. They can help you create a legally-sound estate plan that reduces the likelihood of being contested.

At Blue Chip Estate Planning, our experienced team is here to guide you through the estate planning process and help protect your legacy. Call Kimberly Crank Browning or Robert Steinberg to set up your consultation at (248) 873-3244. Let us help you ensure your wishes are respected and your family is taken care of.