Dealing with mistakes made in will
There are some mistakes that are terminal to a valid Will. Generally the contest of a Will is limited to mistakes of external validity or from parties who feels they have been cheated in the Will. External validity may take the form of execution of a Will, testamentary capacity, testamentary intent, fraud or undue influence. The probate court looks into these cases arising from such Will and try to protect the intent of the decease and also that of the intended beneficiary.
Questioning possible mistakes that may be involved in a Will, is limited to parties who bear the direct financial interest or any other interest in the outcome of the Will. A will lawyer in Queens may help represent your best interest in these matters.
Mistakes on Will
Will are one of the most important financial and estate planning tools. It is however important to find out these common mistakes before death of the testator. To be valid, a will must be designed to take effect immediately upon death. A will is also designed to apply in real time. Some mistakes are however some severe that the Will may be rendered invalid or void. The ways to discover these are:
- When a testator attempts to partially revoke part of their own will.
- When a testator attempts to add clarifying information.
- Some mistakes are mostly seen after the death of the testator.
- Erroneous exclusion. Words mistakenly left from the Will cannot be added.
- Mistaken belief leading to adding or omitting certain details from the will, may cause it to be invalid.
- Mis-description or incorrect words. The court would stay clear of adding words to effect clear intent of the deceased in the Will. The probate court usually omit the words or directives not appropriately written in the Will.
It is however important to plan with a Will lawyer to avoid these common mistakes.
A will lawyer would protect your interest even in probate
The will attorney would settle any disputes that arises between the personal representative and the estate beneficiary or between the beneficiaries of the estate who feel they have been cheated. Unfortunately, in certain situations, when a decedent will is read, tension and dispute may arise between beneficiaries of the estate. A will lawyer would be needed to mitigate these situations and preserve family harmony.
Since probate cases are settled in court, you would need a will lawyer. In cases where the estate document or Will is written unclearly and the beneficiaries need the court to interpret them, a probate attorney would be called on to present the case. Similarly, if someone challenges the Will which perhaps may lead to litigation, the probate attorney would represent the best interest and wishes of the decedent.
When to consult a Will Lawyer Queens
Some situations other than creating a Will may require that you see a professional will lawyer, rather than handling them by yourself.
You may want to talk to a Will lawyer Queens if:
- You have questions about how to draft and prepare your will or you require other options to share, protect your estate, properties and also beneficiaries of such.
- You expect to leave a very large amount of assets that may be subjected to excessive estate tax.
- You have complex family situations, probably one than one marriages, and children from different spouses.
- Rather than just drafting an ordinary will, you want to make more complex plans. For instance, placing your house in a trust to your spouse until he or she dies and then passing it to your children from a different spouse or marriage.
- You own a business and you have questions as to the rights of surviving owners or your ownership shares.
- Requiring guardianship or conservatorship for a beneficiaries.
- You need advice and help to make other estate plan documents like power of attorney, living trust and advance medical directives.
- You must make arrangement for a long term care of a beneficiary. For example setting up a trust for an incapacitated child.
- You have fears that your Will may be contested on grounds of inappropriate inclusions, fraud or claims that you were unduly influenced or that you were forced to sign the Will.
- You wish to disinherit a spouse or any other expected beneficiary of your property. It is usually not possible to do this, however, a Will lawyer in New York can explain your spouse’s rights.