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Check with Attorney before Challenging Estate

| Dec 22, 2017 | Estate Attorney, No Contest Clause |

“No contest” clause is included in attempt to avoid challenges, but state laws vary.

The outcome of a challenge to an estate isn’t guaranteed and could backfire, according to the Wills, Trusts & Estates Prof Blog in “Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause.”

Sometimes when a person challenges a no contest clause and loses the challenge, courts will refuse to enforce the clause. Sometimes when a person challenges a no contest clause and wins the challenge, the court will enforce the clause anyway.

The difference between the two extremes is a matter of individual state law and what exactly is being challenged.

There are different rules in every state.

An estate planning attorney can advise you on wisdom of filing a challenge and the potential outcomes.