Florida Doesn’t Let in Terrorem Clauses Intimidate Heirs

Even if you spent your entire life making financial decisions based on what other people want, your will is your chance to distribute your money the way that you choose.  You can disinherit as many relatives as you wish, and it is up to you whether you tell them, during your lifetime, that they will not inherit any property from you, or whether they will get an unpleasant surprise when your estate goes to probate.  The family members who always manipulated you into giving them more money when you are alive will have to face the reality that their guilt trips will no longer work when you are dead.  They might be able to convince the probate court that they deserve a bigger inheritance than what the will provides for them, and although they face an uphill battle in making that argument convincingly, they have a legal right to try.  Even if you are no longer around to witness it, challenges to a will are stressful for the petitioner, the personal representative of the estate, and the beneficiaries of the will.  To find out more about preventing challenges to a will or defending the estate you are representing from such challenges, contact a Dade City estate planning lawyer.

How in Terrorem Clauses Work, and Why They Don’t Work in Florida

“No contest” clauses, also known as in terrorem clauses, are provisions of a will that state that a beneficiary who challenges the will loses the inheritance that the will already provides for him or her.  The purpose of these clauses is to prevent challenges by family members who inherited something but wish they had inherited more.  They do not prevent challenges by family members whom the testator has disinherited entirely.

In many cases, the threat of losing your inheritance is sufficient to prevent challenges to the will, but that only works in states that accept in terrorem provisions in wills.  Meanwhile, Florida law universally considers in terrorem clauses unenforceable.

What You Can Do to Protect Your Estate From Challenges to Your Will

If you do not want your family to challenge your will after you die, your best defense is an airtight estate plan.  For example, have an estate planning lawyer draft your will and be present at its signing to ensure that the will meets all the legal requirements and that the probate court will interpret its provisions the way you want it to.

An even more effective way to stop your greedy or vindictive relatives from sabotaging your estate plan is to keep as many assets as possible out of probate.  For example, when you place assets in a trust, it is much harder for the court to mess with them than it is if they are part of your estate.

Contact a Florida Estate Planning Attorney About Protecting Your Will Against Challenges

An estate planning attorney can help you draft a will that resists challenges from disgruntled beneficiaries.  Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.517.html