March 21, 2013
Article on Pre-Death Will Contests
David L. Skidmore (Partner, Warner Norcross & Judd LLP) & Laura E. Morris (Associate, Warner Norcross & Judd LLP) recently published an article entitled, Before the Party's Over, The Argument For and Against Pre-Death Will Contests, 27 Prob. & Prop. 51 (March/April 2013). Provided below is the introduction to their article:
Imagine your client has just executed her last will and testament. The document is the culmination of a thoughtful estate-planning process, which involved some difficult decisions. The client realizes that the terms of her will are likely to disappoint some of the potential objects of her bounty. You are concerned about the possibility of a will contest after her death, in which case her will might be invalidated and her testamentary wishes disregarded. You would like to definitely foreclose the possibility. Can you ask the probate court to take evidence as to the validity of the will now, during the client's lifetime, and make a determination that will be binding on the interested parties after her death?
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Here's the link to the article:
It's behind the ABA-member paywall.
Posted by: Barrett Shipp | Mar 21, 2013 7:50:16 AM