This presentation discusses the process of disputing a Will, parties that are particularly at risk, and how to avoid future disputes over your estate.

1. ESTATE CONTESTS”When Things Go Wrong” TIMINS & LaMAGNA, LLP 399 Knollwood Road, Suite 300 White Plains, New York 10603 (914) 819-0663 www.tllawoffices.com _______________________________________________________________ Attorney Advertising

2. Probate v. Trust Administration

3. How is the Contest Handled?(from least to most expensive)

4. Reason to Contest an Estate (You are going to see a Court Attorney) FRAUD – you were tricked UNDUE INFLUENCE – you were pressured or forced to do something MENTAL CAPACITY – you did not have the mental capacity to decide your estate plan IMPROPER DOCUMENT EXECUTION – general practitioners & “Do-It-Yourselfers” beware MISTAKES – can be an error in document or a beneficiary’s name, forgotten assets, etc. BEQUEATHED ASSET IS NOW GONE – “Ademption” (bene gets nothing) ORIGINAL WILL IS LOST or MODIFIED BY HAND – leads to several types of contests DON’T TRUST NAMED FIDUCIARY – can be for any reason JUST FOR THE HECK OF IT – maybe a beneficiary holds a grudge or feels short-changed

5. People at Risk of Estate Contests Second Marriages (children from past marriage People with Diminished Mental Capacity People with Disgruntled, Debtor/Spendthrift/Addict or Disabled Beneficiaries (create TRUSTS) The Elderly (caretakers may defraud) People who are Legally Blind or Disabled “Life Partners” / Companions People with Large Debts People with NO Formal Estate Plan (State law default) “Do-It-Yourselfers” (they ALWAYS make a mistake)