Validate Your Will and Eliminate Challenges

While only a few states recognize the “living probate process” or “ante-mortem probate” (Latin for “pre-death”), if you’re worried about potential challenges to your will after your passing, our attorneys can draft a Conservatorship or Guardianship for your Will. The “Living Probate Process” allows you to validate your Will while you’re of sound mind, managing your own affairs, thus eliminating concerns of undue influence and making it harder for disgruntled family members to contest it.

In most states, validating a will before death isn’t possible. Instead, Conservatorships and Guardianships can be established, enabling families to avoid court proceedings for appointing a guardian or conservator when you’re unable to handle your own affairs. With these arrangements, you appoint someone to handle your affairs immediately upon incapacitation, including finances, medical care, and accommodations, according to your wishes.

Should you validate your will?

If you suspect family members might challenge it after your passing, validating it while alive is a wise choice. With increasing instances of remarriage, the likelihood of such challenges rises. However, you can reduce the potential for confrontation by informing your heirs of your asset distribution plans beforehand. Videotaping the signing can also help validate your mental state.

Failure to validate your will allows anyone with a vested interest in your estate to challenge it, potentially overturning it or causing delays and expenses.

To validate your will through the ante-mortem probate process, Guardianship, or Conservatorship, our attorneys at the Slaughter Law Firm can assist you through the necessary steps.

Petitioning the Court

If you petition the court, a hearing is scheduled, inviting your heirs, and possibly requiring public notice. The court assesses if your Will meets specific criteria, including proper execution, mental soundness, and absence of undue influence, before issuing a ruling on its validity.

Revoking a validated Will

To revoke a validated Will, ensure any versions filed with the courts are also revoked to prevent challenges to the final version.

The proficient attorneys at The Slaughter Law Firm will assess your needs and concerns, aiding in estate planning to ensure your final wishes are carried out as intended. Contact us today!