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No-Contest Clauses

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Maybe you don’t want to divide your assets evenly among your children when you pass away. Perhaps you’ve determined to restrict assets going to a particular beneficiary. The last thing you want is a beneficiary contesting your wishes. What you’ve decided to give them, or how you liked the money handled for their benefit when you pass away, is your prerogative, not theirs. Consider implementing a no-contest clause in your will or trust to prevent a beneficiary from challenging your testamentary desires. Typically, a no-contest clause will state that if an heir contests the provisions in a will or trust and lose in court, they get nothing. Most states support the validity of no-contest clauses. The mere possibility of a beneficiary losing everything can prevent a potential court challenge from starting in the first place.

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