September 11, 2017
by Raleigh Lawyer
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Understanding a Will Contest, Part Three

Welcome back. We are here with more information that can help you understand estate planning in Raleigh NC and what happens when a will is contested. Below, you’ll find information from a previous blog. This recap will help you with any questions you may have. But, if you have more, contact our lawyer. We can help.

Will Contest and Estate Planning in Raleigh NC

  • In many cases, challenging a wheel is difficult. Legal aspects can also vary from state to state. However, there are reasons why a will may be contested.
  • One of the most common reasons why wills are deemed invalid is because the deceased was incapacitated, mentally at the time it was written. Most often, this was due to illness or elder age.
  • Those who lack the ability to make logical decisions that are reasonable and clear are not sound mind to create a document that states their wishes. Even those who are under the influence of alcohol or drugs may have trouble with a valid will if they were using these substances during the time of the writing.
  • Anytime judgment is impaired for one reason or another, challenging the will can be a possibility. Those contesting should, however, do so with proof. They but also show that the person who created the wheel did not fully understand what was outlined in the consequences of it.

Klish and Eldreth | Estate Planning in Raleigh NC

Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

September 9, 2017
by Raleigh Lawyer
Comments Off on Understanding a Will Contest, Part Two

Understanding a Will Contest, Part Two

Welcome back. Our probate lawyer in Cary NC is back with more information to help you understand will contest. Here, you’ll find a recap of a previous blog post. To see the full version, visit here.

Understand Will Contest | Probate Lawyer Cary NC

  • Someone challenging the will may think the person writing the will was influenced by someone seeking to benefit from it. The elderly, even if they are of sound mind, can be vulnerable and trusting, especially when it is a family member suggesting changes to the will. This is called “undue influence.”
  • It is closely related to fraud and forgery because it creates the same problem – someone else had input into the will other than the person creating it. Again, people who are trusting and think the influencer is looking out for his or her best interests will make changes and sign documents thinking they are doing the right thing.
  • Undue influence, forgery and fraud are often all cited together when someone challenges a will because they are closely related.
  • A will that was not properly executed can also be contested. A will needs to be signed by two witnesses in most states who are not people listed as heirs in the will. It should also be signed by the testator and dated.
  • If it was not carried out properly, the will can be voided. Some states allow handwritten wills that were not signed by witnesses, but they are easy to challenge so they are not recommended. Some people have it notarized with an affidavit with a sworn statement saying that the will is authentic. However, it is not required.
  • If there is a second, newer will, the original can be trumped. When someone is knowingly creating a new will, it is often advised to state in the new will that it should void the previous will. It is important to date the will for this reason so that it is obvious which is the most recent. States vary on how they handle multiple wills, but a lawyer can check on those laws and advise on the best way to approach it.
  • It is important to date the will for this reason so that it is obvious which is the most recent. States vary on how they handle multiple wills, but a lawyer can check on those laws and advise on the best way to approach it.

To learn more, visit with our next blog post. There, our probate lawyer in Cary NC will have more information.

Klish and Eldreth PLLC | Probate Lawyer in Cary NC

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our probate lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

September 7, 2017
by Raleigh Lawyer
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Understanding a Will Contest, Part One

Contesting a will is something that many people don’t think about regularly. It’s hard to understand why someone would contest at will, especially if there are no obvious reasons. However, there are some cases where estranged spouses or adult children might be taken out of the will. At the point were the will would need to be put in place, after death, the estranged family members may contest the will.

Below, you’ll find a recap of why a will might be contested and how to understand will contest, according to a previous blog post. See the full post here.

Will Contest | Wills Lawyer Cary NC

  • A will is seen as the last voice of the deceased so the courts are usually strict in following them.
  • About one percent of wills that go through the probate process are contested, and it is rare that they are voided entirely.
  • In order to challenge the will, the person contesting it must prove the testator, or person who created the will, did not understand the consequences of what was outlined.
  • It can include not realizing the extent and value of the property and who should be provided for in accordance to the will.
  • The first and most understandable reason to deem a will invalid is proving that when it was written, the deceased was mentally incapacitated, either due to illness or old age.
  • If he or she lacked the mental clarity to make logical and reasonable decisions, then the contents of the will may not reflect the true wishes of the deceased. In some cases, the person may have been under the influence of drugs or alcohol, which can also impair his or her judgment.
  • In order to challenge the will, the person contesting it must prove the testator, or person who created the will, did not understand the consequences of what was outlined. It can include not realizing the extent and value of the property and who should be provided for in accordance to the will.

In our next blog post, we will continue our recap of will contest and how to better understand what it means, as well as why it might happen. Our wills lawyer in Cary NC is also available to answer questions if you’d like to contact our office.

 

Wills Lawyer in Cary NC

Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our wills lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

September 5, 2017
by Raleigh Lawyer
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Are You a Newlywed? Here are More Tips to Follow!

Welcome back! We are here to recap more on a previous blog post that can help newlyweds understand how to get an estate plan together! Below, you’ll find things to consider adding. To learn more or talk with our attorney in Raleigh NC, contact us!

Attorney in Raleigh NC Talks Newlywed Estate Planning!

Update your policies – Once you’ve taken care of your life insurance, don’t forget to update your other policies as well. These include retirement accounts such as 401ks, IRAs or other investment accounts.

Create powers of attorney – If something should happen and you are not able to make financial or medical decisions on your own, you will want your spouse to be able to take over. A power of attorney gives someone rights to make financial decisions in the case that you become incapacitated. A health care directive gives someone the ability to make medical decisions for you if you are not able to make them. Most couples will designate each other, but anyone can be named. For more information, visit our original post, here.

Plan for the care of children and pets – If you have children from a previous marriage, children together, or own pets, you will need to plan for their care should something happen to both of you. A will can outline who you want to become guardians of your children or pets. You can also plan how your assets will either be distributed to your children or used to help care for them.

Missed our previous blog? Visit back with it, here. You’ll find even more tips from our attorney in Raleigh NC.

Klish and Eldreth, PLLC

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also, contact us to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. In addition, our lawyer is here to help you with all your legal matters, whether it be entertainment law, trademarking, copyrighting, or DWI issues.

September 3, 2017
by Raleigh Lawyer
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Are You a Newlywed? Follow These Tips!

If you have recently gotten married, you have come to the right place! Our lawyer in Raleigh NC is recapping what you can do to ensure you have a sound estate plan!

Newlywed Estate Planning Tips from our Lawyer in Raleigh NC

Create or update your will – If you, or your spouse, have a will, it will need to be updated to reflect this major life change. If you don’t have one, now’s the time to create a will that covers both you and your spouse. Without a will, your state’s laws will determine how your assets are passed on.

You may also want to designate who inherits assets should something happen to both of you. If you have surviving parents, siblings or other family members that you want to name, doing so can prevent problems later on. To learn more, visit with our initial blog post for more information, here!

Get life insurance – Do you have a policy? If so, make sure that your spouse is named as the beneficiary if you want them to receive benefits should you pass away. If you do not have a policy, you should consider getting one in order to protect your spouse should something happen to you. If you take on higher expenses as a couple, that one of you could not manage alone, this can help protect the surviving spouse should something happen. You can also check into combining your car insurance in order to save money on the policy.

We hope these tips help you with your estate planning as a newlywed! Our lawyer in Raleigh NC can help. Contact us to learn more.  Also, visit back soon for even more newlywed tips, as well!

Klish and Eldreth | Lawyer in Raleigh NC

Our law office offers various types of legal services for you. Whether it’s entertainment law, estate planning, small business law or others, we are available to help you through your legal situation. Contact us to make an appointment.

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our lawyer in Raleigh NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office today to get started estate planning.