Legal Question in Wills and Trusts in California

one dollar still hold up

In the will it states if anyone contest it, the sum of one dollar to that person will be paid. This was written in 1995. Does that indeed still hold up if children want to contest what we leave.


Asked on 12/08/07, 3:33 am

4 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: one dollar still hold up

Yes. Assuming that the will is holds up as a valid will after the contest. If you read through the questions and answers on this site under probate, you will see how truly problematic probate and wills can be. Most people find it more desireable to use a Living Trust Package to plan for death. What's more, a will is no help if you or a spouse become incapacitated, but a trust package will protect agaisnt the financial nightmares that can ensue.

I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.

You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

Agian, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.

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Answered on 12/08/07, 8:56 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: one dollar still hold up

Yes. Assuming that the will is holds up as a valid will after the contest. If you read through the questions and answers on this site under probate, you will see how truly problematic probate and wills can be. Most people find it more desireable to use a Living Trust Package to plan for death. What's more, a will is no help if you or a spouse become incapacitated, but a trust package will protect agaisnt the financial nightmares that can ensue.

I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.

You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

Agian, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.

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Answered on 12/08/07, 8:56 am
Scott Linden Scott H. Linden, Esq.

Re: one dollar still hold up

Generally, no-contest clauses are upheld by the courts. We can take a look at the wording and let you know for certain.

Our firm specializes in trusts, wills and estates. Please feel free to learn a little more about us, as well as the trust laws, on our firm's website NO-PROBATE.com. I can be reached through the info provided by LawGuru or through our firm's site.

Scott

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Answered on 12/10/07, 5:23 pm
Kai Wessels Kai H. Wessels

Re: one dollar still hold up

In California, no contest clauses are still valid -- for now (California legislative committees have recommended to the California legislators that the �no contest� provisions be abolished, as several other states have done.). Be extremely careful what you do, because you can lose your entire inheritance if you are not successful with your "contest." Further, by one child contesting the document, it may jeopardize the inheritance of another child. Of course if you are not going to inherit anything or very little, then there is not much to lose. There are also �safe harbor� provisions that may make a �contest� less dangerous.

This is an area of law where you must must must see an attorney, especially if there is a lot at stake.

If I can be of further assistance, please let me know.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-wessels)

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Answered on 12/08/07, 1:04 pm


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