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What You Can NOT Do in a Will, Elder Law Attorney, Woodstock, GA


Generally speaking people can do whatever they want in their will sand the court will enforce their wishes. However, there are some controversial things that are done in wills that a court might disallow.

People have been known to do all sorts of strange things with their wills.

Some people attempt to control the behavior of others through the provisions in their wills and others seek to punish people for slights or out of spite. Most of the time, however, courts will enforce these provisions.

On the other hand, some things are so controversial that a court might not enforce them.

Recently, the Wills, Trusts & Estates Prof Blog published a list of things courts generally do not allow in an article titled Controversial Will Provisions.”

The list includes:

  • Disinheriting a Spouse – The law does not allow you to disinherit a current spouse. Instead it provides for a spousal elective share. That means that a spouse can elect to either take what was left to him or her in the will or they can take a fixed percentage of the assets in the estate.
  • Encouraging Divorce – Inheritances cannot be conditioned on someone getting a divorce. Courts view any such provisions as anti-marriage and against public policy.
  • Limiting Marriage Choice – Although some courts have allowed it, generally you cannot attempt to force another person to only marry other people of a particular religion.

If you have questions about anything that you can or cannot do with your will, be sure to talk to an experienced estate planning attorney about them.

Reference: Wills, Trusts & Estates Prof Blog (November 13, 2014) Controversial Will Provisions

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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

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Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

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!

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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.

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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.

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