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[quote=Anonymous][quote=Anonymous][quote=Anonymous]We're redoing our estate planning, in Maryland. Like OP, we'll have a pour-over will and living trusts. From our conversation with the lawyer, it's clear that certain decisions of ours, like disinheriting an heir, could be challenged in court. But those decisions are stated in the trusts, not the will. So while the trusts may avoid probate per se, it seems like the court will have something to say about them.[/quote] Wow. On what grounds can they do that? Assuming that your intentions are clear. I thought the courts only got involved when things weren’t clear.[/quote] An heir could also claim that a beneficiary exerted "undue influence" on the testator to cut the heir out of the inheritance. They'd have to provide evidence.[/quote]
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