Required

The Likelihood of a Will Contest

One of the main reasons that people hire  elder law attorneys is to prevent their families from fighting over their estates after they pass away. People want the attorneys to create estate plans that, if not completely unchallengeable, are at least airtight enough to minimize the possibility of challenges.

The reality is that for any random person, the overall likelihood of a will being contested are relatively small.

As Financial Advisor points out in “Strife After Death” only about 1 in 10 wills are contested. However, for some people, the likelihood of a will contest is much greater than that.

Perhaps the biggest thing that can make a will contest more likely is the value of the estate. The more money there is to fight over, the more likely it is that people will fight.

The possibility of winning a contest to a valuable estate makes the expense of the contest more likely to be seen as worthwhile.

Will contests are also more likely, if family members do not get along for other reasons. People who are at odds over other issues, often find that they are at odds over the divisions in the estate.

This is especially true, if people are surprised by the details of the will and do not think they received as much as they deserved.

While some will contests might be inevitable, going to an elder law attorney is still the best way to minimize their likelihood. The attorney can provide advice on how to do so.

Reference: Financial Advisor (Dec. 15, 2017) “Strife After Death.

Hear From Our Clients
tes-prev
tes-next

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben