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Since it costs a lot to win, and even more to lose,
You and me bound to spend some time wondering what to choose.
Goes to show, you don’t ever know.
Watch each card you play and play it slow.
Wait until that deal come ‘round.
Don’t you let that deal go down, no, no.
-Deal written by Robert Hunter
Sure, I learned the law behind what is involved in a Will Contest in law school but the practical, nuts and bolts end of a Will Contest can be learned just by listening to one song. A successful Will Contest has the effect of undoing a Will or proving that one Will is valid over another Will; or that the person making the will made some sort of unnatural disposition of assets that was procured by fraud, duress or mistake, among others.
Will Contests are almost impossible to win, largely due to the fact that the person with the best evidence as to whether or not the Will was improper is deceased. I have never really seen anyone win a Will Contest. Even if you “win” do you really “win”- after all it’s going to cost a lot to win and even more to lose (truer words have never been spoken). Something to keep in mind: your worst case scenario- a battle that goes on forever, is your attorney’s best case scenario-a “billable” battle that goes on forever- or at least until the money runs out.
Most of the time a Will Contest amounts to not much more than a common street level shakedown- I bother you until you give me money to go away. Sometimes people use Will Contests not so much as a shakedown, but as an attempt to hurt others- now this is no good for the soul. I propose a better (non legal solution): Avoiding Will Contests is easy- work really hard to make things right during life and not after death by initiating a Will Contest. To paraphrase: make peace with people during their lives not war after they are gone- after all world peace starts at home!
I have to chuckle a bit when a new client tells me that he or she has a Last Will and Testament and they will avoid probate with said instrument. I then have to break the bad news to them, A LAST WILL AND TESTAMENT IS A TICKET TO PROBATE. Most people want to avoid probate, but are not quite sure why. There are many good reasons to want to avoid the probate process. One of these reasons is privacy. There is no privacy in probate. Anyone can go down to the Probate Court and take a look at your Will. Celebrities, being somewhat less astute than the average person also haven’t gotten the news about how to avoid probate and settle their estates quietly. Click the link below to take a look at Grateful Dead front-man and counter culture icon Jerry Garcia’s Last Will and Testament.
http://www.courttv.com/archive/legaldocs/newsmakers/wills/garcia.html
P.S. Jerry we all miss you!
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