A Last Will and Testament is the traditional document used in estate planning. For clients that have a Will-based plan, the Will is the foundational document that determines who receives the decedent’s estate assets after that person’s passing. Additionally, the Will nominates an executor or administrator of the estate after death. If you have minor children, your Last Will and Testament could also nominate an individual for guardianship of those children.

While Wills are powerful estate planning documents, they are only effective if they are properly created and drafted by a person with full capacity and in their right mind. Beneficiaries (or those who believe they should have been beneficiaries) can challenge Wills, especially if the language of the document is vague or if there is a belief that the person who drafted the document did not have full capacity. It is important to know that Will-based estate plans do not avoid the probate court process.

Whether you want to begin estate litigation and challenge a Last Will and Testament or hope to create or revise a Will or trust, our legal staff would be proud to assist you.