Strategies to Avoid Challenges to Your Estate Plan

One of the primary goals of an estate plan is to ensure your wishes are carried out after you’re gone or should you become incapacitated. The last thing you want is to have family members fighting in court over your assets or control over your decisions. 

Unfortunately, far too many families find themselves in contested estate administration proceedings, which can be time-consuming, costly, and stressful. Yours doesn’t have to be one of these. Avoid challenges to your estate plan with this list of strategies.

1. Don’t Put Off Your Estate Plan

You can never start estate planning too early or too young. If you wait to create a will until you are diagnosed with a serious medical condition or something that could impact you cognitively, your estate plan could become more vulnerable to challenges. Instead, put your wishes down in writing while you are healthy and there are no doubts. This can prevent potential issues later on. 

2. Work With a Knowledgeable Attorney

An estate plan is not something you want to try to do on the cheap. Sure, there are some DIY programs you can find online, but those are cookie-cutter documents that won’t be customized to your particular situation. You should always work with an experienced estate planning attorney who is intimately familiar with the laws in your state and who will ensure your rights are protected. 

3. Prove Your Capacity in Advance

If a challenge to your estate based on your mental capacity is even remotely possible, you should prove your capacity in advance. There are several ways to do this. Your attorney can ask several questions prior to having you sign the documents, or you can agree to a medical evaluation that will assert your mental capacity to sign legal documents. 

4. Use a Self-Proving Affidavit

Some states, including Kentucky, permit the signing of a self-proving affidavit for a will. When you sign your will, witnesses will sign a notarized affidavit that attests to the document’s validity. This allows your will, along with the affidavit, to be submitted to probate without the need for additional witness testimony. 

5. Create a Revocable Living Trust

It’s generally more challenging to contest a trust than a will because the laws directing the challenge of trusts are less clear. Also, creating a trust that has specific directions for the management of your assets can illustrate the care and thought put into the task, which is clear evidence that you knew what you were doing. 

6. Avoid the Appearance of Undue Influence

It’s not uncommon for relatives to claim that someone else exercised unfair influence or control over the deceased, which could make a will invalid. You can avoid the appearance of undue influence by not having anyone who might benefit from your estate present when you create and sign your documents. 

7. Include a No-Contest Clause

One effective method for avoiding challenges to an estate plan is to include a no-contest clause in your will. Some states, including Kentucky, allow these provisions specifying that if someone challenges your will, they will not receive any assets left to them. 

8. Communicate With Your Loved Ones

You can avoid many challenges to your estate plan simply by keeping the lines of communication open with your loved ones. If someone mistakenly believes they are going to receive a windfall or thinks you want certain things to happen, they might react negatively when the opposite is revealed. Share your wishes and plans as much as possible so there are no major surprises. 

9. Place Your Will in a Safe Location

Avoid going to the trouble and expense of creating your estate plan and hiding it so well that no one can locate it. You need to leave clear instructions with a trusted person so they know how to access your original documents. 

10. Keep Your Estate Plan Up to Date

As your circumstances change, so should your estate plan. You’ll want to make regular updates to your plan so that it reflects things like the acquisition of new property, marriage, divorce, children, and any health changes. 

Take Decisive Action to Protect Your Estate and Legal Rights

It’s far too easy to make a simple mistake that can impact your estate, your vision of the future, and your legacy. If your estate plan is challenged in court, it can devastate your loved ones and quickly drain your resources. 

Louisville Estate Planning Attorney is dedicated to providing accurate and helpful information to people who are interested in securing their financial future. We can connect you with a Kentucky estate planning attorney who will offer skilled guidance on trusts, wills, and other estate planning strategies.