If my aunt wants to leave everything in her Will to my wife and I, what does she have to do to make it legal and so that other family members may not contest it?

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If my aunt wants to leave everything in her Will to my wife and I, what does she have to do to make it legal and so that other family members may not contest it?

She has a handwritten Will but wants to put in on a legal document. How do we go about that?

Asked on March 1, 2015 under Estate Planning, Illinois

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 9 years ago | Contributor

It is often impossible to prevent a family member from trying to contest a will/trust but if they initiate a will contest without legitimate grounds then they have little chance of success. They best thing your aunt can do to protect her estate from a will contest is to make sure she works with an experienced estate planning attorney and that she has all the components of a valid will in the state of Ohio. Depending on what assets are in her current estate, there may be other ways of transferring the property at her death, outsideo of probate.  An estate planning attorney can go over these options with her.  


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