A no-contest clause, also known as an in terrorem clause, is a provision in a will designed to discourage beneficiaries from challenging its terms. In Oklahoma, this clause can have significant consequences for individuals considering contesting a will. Understanding...
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Estate Disputes
How going through probate can affect families
Probate is a term that often brings to mind images of lengthy court battles and disputing family members. It is true that probate can significantly impact families-- emotionally, financially and relationally, but learning about this ahead of time can help you make...
What strategies can blended families employ to prevent disputes?
Blended families face unique challenges when planning for the future. Estate planning often brings up emotional issues, especially when multiple family members come from different backgrounds. Preventing disputes within blended families requires careful planning, open...
Strategies to resolve family disputes during probate
Probate can be a stressful and emotional process, especially when it involves the distribution of a loved one’s assets. Family disputes often arise during this time due to disagreements over the will. Differing interpretations of the deceased’s wishes can also cause...
What should an executor do if there is a dispute?
Being an executor of a will is a big responsibility. In some situations, disputes may arise among the beneficiaries. Handling these disagreements can be challenging, but there are steps an executor can take to resolve them effectively. Communicate well Communication...
How to avoid a contested will
Will contests occur when your heirs believe there are issues with your will. For instance, an heir may petition the court due to suspicions about coercion. They may also assert that there's a more recent version of the document. No matter the underlying reason,...
Common reasons for someone to contest a will in court
A last will and testament is a legally binding document that outlines the distribution of a person's property after their death. Individuals who disagree with the will may contest its validity in court. Challenges to a legal will generally stem from several common...
Understanding what defines duress vs. undue influence
In Oklahoma and other states, duress during estate planning occurs when someone forces an individual to decide while threatening them with harm, violence or imprisonment. Undue influence happens when a person deciding receives pressure through unfair persuasion from...
United Methodist congregations and disaffiliation
The leadership of some United Methodist churches in Oklahoma and across the country are aware of the possibility of disaffiliating from their denomination. One thing that could prevent these congregations from leaving is concern over ownership of a congregation's real...
Avoiding contested estates
When a parent with more than one adult child passes away, family disputes over how the assets should be divided might arise. There are some steps that Oklahoma parents can take before they die to minimize the chances their children's relationships with each other will...