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August 2019 Archives

Understanding no-contest clauses

You may often be placed in a precarious position when you are party to the estate of a loved one in San Jose. If, for example, the terms of your family member or friend’s will are not what you anticipated (and you choose to challenge them), many might write off your actions as you simply being petty. Yet there may indeed be a number of valid reasons for you to challenge the terms of a will (such as the decedent promising you a certain asset or property during their life, yet that stipulation not being in their will). Many in your same position have come to us here at Temmerman, Cilley & Kohlmann LLP concerned that such a challenge will automatically invoke a will’s no-contest clause. 

Is a nuncupative will legal?

Nuncupative wills are those that are spoken orally to another party. This typically occurs when a person is on their death bed and must provide instructions for the transfer of personal property to beneficiaries. In many cases, oral wills are not legally binding. However, they can be recognized by the court in some instances, provided the proper steps are followed. 

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