5 Tips on How to Avoid Future Probate Disputes

avoid future probate disputes

It is never too early to start the estate planning process. By creating an estate plan, you can relieve future stress from your family members from having to make difficult decisions. When you are creating your estate plan, there are ways you can make sure your desires are clear and avoid future probate disputes. No one sets up an estate plan and wants it to be disputed. Consider these five tips on how to avoid future probate disputes to help maintain your wishes in the future.

Hire an Attorney

The best thing you can do when estate planning is to hire an attorney. Not only will an attorney have a complete understanding of Wisconsin law, but they will also be able to help you decide which kind of estate plan will best fit your needs. From wills, trusts and estate administration to determining who you will grant power of attorney, there are several estate planning and probate services to choose from. Consulting with an attorney will be the easiest and most effective way to carry out your wishes.

An attorney will also be able to make sure that your will is air-tight and aligns with all of Wisconsin’s laws. While you could write your will yourself, there could be parts that go against Wisconsin law that you don’t even realize. This is why you need an experienced attorney on your side.

Hire an Attorney from Dahlberg Law Group to Avoid Future Probate Disputes

At Dahlberg Law Group, we want to protect your wishes. This is why our attorneys have the experience and dedication you need to set up your estate plan the correct way. We will answer all of your questions and work with you to help you gain the peace of mind that your affairs are in order.

Follow Wisconsin Regulations to Avoid Future Probate Disputes

Following all of Wisconsin’s estate planning regulations is critical to avoiding future probate disputes. This entails the logistics of your estate planning, such as having a typed document with the appropriate signatures. If you do not follow Wisconsin guidelines, there will likely be difficulties when your will is being carried out later down the line. Wisconsin legislature does not recognize handwritten or spoken wills. Therefore, you must follow all of the proper procedures.

An attorney will also conduct the process ethically. If the validity of your will is unclear, then those who by state law would have the right to be included in your will, such as close family members, could dispute the probate. If someone believes that there was improper execution, fraud, duress, undue influence or a lack of testamentary capacity, they could dispute your will. Hiring an attorney can help make sure that none of the above happens to you and that no one can wrongly say that they contest the will.

Clearly Convey Your Intentions

You should also write your estate plan clearly. Your attorney will be able to make sure this is the case, however, there are some nuances in your situation that only you may be able to convey. This is why you need to lay out your intentions by using clear language that can not be misconstrued.

Obtain the Appropriate Signatures to Avoid Future Probate Disputes

Having the appropriate signatures on your will is key to avoiding probate disputes as well. Wisconsin law states that it needs your signature and two witness signatures. While you can have one signature from an interested party, someone listed in the will, Wisconsin legislature recommends having two additional signatures from uninterested parties. This way, it can be clear that there was no undue influence from an interested party on the contents of the will.

Hire an Attorney to Settle the Estate

It is also beneficial to have an attorney to settle the estate. Hiring the same attorney who worked on the estate plan could be beneficial as they would already be familiar with the contents of the will. Either way, estate administration can help expedite the process and be a less stressful process for your loved ones.

Contact Dahlberg Attorney John Dries for a Consultation

Attorney John Dries has the compassion and experience you need to set up your estate plan and avoid future probate disputes. With over 40 years of experience, John will help you find the best options for your situation. Connect with him today by clicking here.

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