Legal Question in Wills and Trusts in Florida

My bank and investments accounts are set up as POD and my house is titled as a life estate. If I want to discourage anyone from challenging the way I have distributed the assets, would it be practical to draw up a will stating that any heir who attempts to challenge the distribution of my assets forfeits his or her share to be distributed equally among the other beneficiaries?
Thank you.

Asked on 2/16/11, 5:03 am

Latangie Williams Law Office of Latangie Williams, P.A.

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Yes. That is referred to as a no contest clause. For assistance, please contact my office at 1-800-408-5818.

Answered on 2/16/11, 5:07 am

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That is called an In Terrorem clause, and Florida "unlike most States" prohibit its use. So no you can't put that provision in a Will.

Answered on 2/16/11, 9:05 am

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