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Will Contests: Asserting Undue Influence

A beneficiary of a will who is not happy with the will can contest the will. There are a number of ways to contest a will. One can invalidate a will by showing that the decedent lacked the mental capacity to make a will. Alternatively, one can show that a third party [...]

Will Contests: Challenging the Mental Capacity to Execute a Will

Beneficiaries are often upset when they are not able to inherit property, and they are also upset when they are unhappy with the property they inherit. This often results in litigation brought by the beneficiary to contest the validity of the will. One way that wills are contested is for the beneficiary to [...]

Bars to Inheriting Property

There are several situations than can prevent a child (or a person managing property for a child) from being able to receive an inheritance. These bars to succession include situations involving homicide, properly made disclaimers, and when the child is disinherited by the parent.

Managing Property for a Minor Child

Even if a parent wants to advance an inheritance to a minor child, the child may not be able to act with respect to the property. Minors can generally own property, but they do not have the power to handle or dispose of the property. This can raise some unique questions as to [...]

Advancing an Inheritance to Children

In addition to providing rules for determining who qualifies as a child, state law also provides for lifetime advancements of inheritances. An advancement is a gift during lifetime that is intended to reduce the amount of any inheritance the recipient may receive on the donor’s death.


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