You can generally use your Will to distribute assets as you see fit, but the possibility of a Will contest looms whenever you make an uneven or unexpected distribution. For example, you may wish to ...
One of the many reasons for executing a Will and Trust is to make your wishes clear and prevent animosity among family members or other beneficiaries after your death. However, there are circumstances ...
This article will discuss a proposed statute to apply a no-contest or in terrorem clause to trusts. It will also discuss a recent decision by the highest court of the state on such a clause. We ...
No-contest clauses can be beneficial, but also albatrosses. The existence of a clause itself cannot prevent all challenges or always result in forfeiture when a challenge is asserted. Similar to ...
In our last column, we talked about a couple who decided to use a "No Contest" clause in their wills and we committed to continue that conversation this week. A No Contest clause is a paragraph that ...
While courts narrowly construe in terrorem clauses to avoid forfeiture, that doesn’t mean they ignore them.(Jacob Wackerhausen / Getty Images) Who should be afraid of an in terrorem clause? You, ...
"It feels like we have to get ready for a mixed-martial arts fight every time he comes home…" That was not what I expected to hear from my clients; he's newly retired and she can't quite bear to ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
In Florida, no-contest clauses -- aka in terrorem clauses -- are void as against public policy, thought to chill citizens' access to the courts for redress. In Washington, D.C., they are strictly ...
The Massachusetts Appeals Court has ruled that an estate beneficiary did not trigger the “in terrorem” clause in his father’s will by providing an affidavit that supported his disinherited brother’s ...