My aunt wants to take someone out of her will. But someone told me if she left them even $50 it would be harder for them to contest the will. True?
She is changing her will and leaving that person $1. Just to let them know you don't deserve anything because when I was alive you weren't their for me!
I think it is harder to contest if she specifies "Sally gets nothing", rather than just leaving the person out, and they can claim that she overlooked them.
We put in a provision in our will that if anyone contests our will, they get nothing. So, she can definitely ensure this person gets nothing. I can't see why it would make any difference whether the person gets something or nothing at all, but maybe someone here with a legal background would know more.
It probably is easier because he/she is mentioned in the will. To not mention anyone at all who thinks they are getting something, makes things difficult. Just a thought though, when she does remove this person from her will, to make sure that all additions, covenants, etc are signed or initialed in blue ink. I worked for estate attorneys and they always advised that at least one person sign in blue. This makes it difficult to pass a copy off as the original.
I think they told my friend if she did not want the will contested she would have to mention them and leave them at least $1. That way it can not be said she was out of her mind and overlooked that person.
Given them $1 acknowledges and does not leave them " pennyless"
Best wishes
wonder if you can google the question?
Leaving a small amount is a much better slap in the face than leaving them nothing. That way they know they weren't just forgotten. It's also harder than for them to contest the will. I'd leave a buck or two.
The short answer is that if your aunt leaves just $1 or any amount it makes it harder for that person to contest the Will. The reason behind this is that if you leave them out entirely they can contest saying that they were forgotten and they have a rightful claim on the estate. If she leaves someone nothing and that person would have a rightful claim such as a spouse or child then she needs to list that person and say something to the effect of "I leave John Doe the sum of $0 due to relational issues not resolved at the time of my death." That way the person has no claim in Probate Court. Good luck!
www.laborlawtalk.com is a good site. if they are not in the will, how could they contest anything? she doesnt have to leave anyone anything. she could leave it all to charity if thats what she wanted. this is assuming she is in mental state to make these decisions. i would just call a local lawyer and ask for a consultation (most are free)
