Most importantly, individuals should always consult with an experienced estate planning attorney to have the best chance of avoiding conflicts.
For example, certain stipulations relating to the inheritance can be built right into the will or trust.
It is also important to update an estate plan frequently to ensure that changes to beneficiaries and assets are accounted for.
Also, heirs at law, or those who stand to inherit pursuant to state law, can challenge a will or trust.
There is always a possibility that a will or trust may be challenged.
If the challenge is successful, the court throws out the document and it is as if it never existed.
Will and trust contests can be pursued for a variety of reasons.
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While each state is different, there are some reasons, which are common across the country.
These include claims that the document was not executed pursuant to state law.
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