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Negotiating a will after a loved one passes is hard enough, but this can be further convoluted by people that simply are not willing to follow the will. For those dealing with the estate of a deceased loved one, it is essential to know what you might be up against and how to handle it. Sacramento estate attorneys at Hackard Law can help.
What is A Last Will and Testament?
As it is more commonly known, a will is the last wishes of a deceased person in terms of what they want to be done with their assets, their money, and more. It is a legally binding document that can dole out the estate of a person that has passed. In most cases, these are formed years before the person passes and are used to help prevent the estate from going into probate or being frozen until the estate can be passed out.
Wills are essential if you do not want to have to deal with people fighting after you pass, keep people from taking more than their fair share, and if you have specific items that you want to be given to specific people after you are gone. Setting up a will with an attorney is a great idea that can help make the months following your passing easier for your family.
What is an In Terrorem Clause?
There are a number of different clauses and legalities that relate directly to estates and that do make a big difference when it comes to reading and following a will. An In Terrorem clause is one such legal clause that changes the course of the will and the reading. An In Terrorem clause states that if someone changes or challenges the will, they are not going to be able to get their portion of the will.
This clause is difficult to enforce, and, in most states, it is not going to be anything that can actually be taken seriously and can actually be used. This clause was designed to discourage people from contesting the wills in place and trying to hold up the proceedings and hold up the reading and following of the will. This clause is not anything that you can actually count on to be enforced, as people are allowed to contest any will if they feel that it was not fairly distributed or they feel that something is amiss.
When to Hire a Lawyer?
If you are dealing with the dispensation of a will of someone that you loved, and you feel that you are not being given your fair share in the will or you feel that the will should be contested, it is a great idea to get a lawyer to represent you. There are few things that can bring out the anger and the unhappiness in people and having a lawyer on your side is a great way to protect yourself, to ensure that you are going to get your fair share of the estate, and that if there are any issues, you are able to contest them and you are able to get them handled legally.
An estate attorney will be able to do so much to help fight for your rights and fight for what you deserve. They can also help move your part of the estate forward, help get the process going, and help you feel that you are not going to have to worry about being left out of the will or something being off.
An attorney is going to act as someone that can go between you and the other people involved in the will as well so that you do not have to worry about how they are going to respond and so that you can get your part of the will be taken care of. Lawyers are going to be well versed in the laws that pertain to estates, to how they can be divided up and to how they can be contested and changed if one or more members of the family feels that they are not being fairly represented. A great attorney is going to be one of your best assets. They will be able to help you, guide you, and give you the support that you need to get things taken care of and move forward with the will and the estate.
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