• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Estate Planning » Take These Steps to Prevent an Estate Contest

Take These Steps to Prevent an Estate Contest

January 5, 2023 by Larry Parman, Attorney at Law

estate contest no-contest clauseA well-constructed estate plan will take the administration phase into account. It is important to make sure that you do everything possible to ensure the facilitation of hassle-free distributions to the heirs.

Clearly, an estate contest would create a messy, time-consuming situation, and there are steps that you can take to make this outcome less likely.

Don’t Drag Your Feet

Surveys that are conducted to gauge the estate planning preparedness of American adults consistently yield discouraging results. The vast majority of people do not have estate plans in place, but most unprepared individuals know that it is important.

If you are going through life without an estate plan, action is required. The most important reason is to protect your loved ones, but you also minimize the possibility of a successful challenge when you have stated your wishes in writing.

An intestate estate situation would be sorted out by the probate court, and anyone with an interest can make a claim to an inheritance. The first step to take to prevent a contested situation is to state your wishes in a legally valid estate planning document.

Even if you are procrastinating because you are not entirely sure about every detail, you can record your choices to the best of your ability to cover this base. As time goes on, you can make adjustments to reflect your current wishes.

Communicate Your Decisions

You can nip potential estate challenges in the bud if you tactfully communicate your choices to your loved ones while you are living. If you are making a decision that is not going to sit right with someone, honest, sincere communication can go a long way.

They can provide feedback, and there can be a productive give and take. Hopefully, they will come to terms with your choices, and they will not cause problems after your passing.

No-Contest Clause

If you have a will or a living trust, you can include a no-contest clause. It would trigger the complete disinheritance of any inheritor that challenges the terms of the estate plan.

They could still go forward and contest the will during probate, and they can file a lawsuit if you have a living trust. However, they would think twice if they were risking their inheritance to issue a challenge.

This is one of the reasons why it is usually unwise to completely disinherit the child. Under those circumstances, they would have nothing to lose if they contest the estate.

Review Your Estate Plan Annually

Circumstances in life change, and they can impact your existing estate plan. There can also be changes to laws that impact aspects of estate plans.

Estate planning is an ongoing process. You should plan to visit your estate planning attorney to review your plan on an annual basis. If your children are aware of the fact that you are always prioritizing your plan, they will know that you have taken great pains to keep it current.

It is difficult to win an estate contest when it is very clear that the decedent exercised diligence over an extended period of time to keep the plan current.

Use a Trust Instead of a Will

There is a built-in process for an estate challenge when you use a will, because the document would be admitted to probate, and the court would provide supervision. One of the duties of the court is to determine the validity of the will, so the window of opportunity is wide open.

On the other hand, if you use a living trust, you would act as the trustee while you are living. After your passing, the successor trustee that you name in the trust declaration would distribute the assets outside of probate, so there would be no readily available challenge forum.

As we have touched upon, the beneficiary of a living trust can file a lawsuit to contest the terms, but the no-contest clause would act as a powerful disincentive.

Schedule a Consultation Today!

We are here to help if you are ready to work with an Oklahoma City estate planning attorney to put a plan in place. You can call us at 405-843-6100 to schedule a consultation appointment, and you can use our contact form if you would rather send us a message.

And if you would like to contact our Tulsa estate planning office, the number is 918-615-2700.

 

 

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023
  • 4 Things Trusts Do That Wills Can’t Do - January 24, 2023

Filed Under: Estate Planning Tagged With: estate contest, no-contest clause, Probate Avoidance

Other Articles You May Find Useful

wills and trusts
4 Things Trusts Do That Wills Can’t Do
advance estate planning property liquidation
Downsizing Can Be Part of Your Estate Plan
Now That Mid-Terms Are Over, Let’s Talk Taxes
ancillary probate
Prevent the Nightmare of Ancillary Probate
Common Mistakes in Estate Planning – Part V
Common Mistakes in Estate Planning – IV

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube