Will or Will Not? 2 THINGS TO REMEMBER WHEN CONTESTING A WILL Creating a will is one of the best ways to ensure your family is taken care of and that your assets are given to people you trust. Perhaps more important to some families, a will can also prevent potential rifts over “who gets what” and how to best divvy up your assets.
One-Pan Baked Salmon and Veggies
Inspired by BBCGoodFood.com
It’s asparagus season! Celebrate with this easy one-pan salmon dish for two.
But sometimes even a valid will has its problems, so you have the right to contest it in Court. Before you do, take in mind the following considerations:
INGREDIENTS • 1 lb spring potatoes, halved • 2 tbsp olive oil (divided) • 8 asparagus spears, trimmed and halved
Reasoning Will contests may seem like “greedy” lawsuits, but in some cases, these lawsuits are necessary. You may feel that a testator — the person who made the will — was not of sound mind or competent when the will was created and that, as a result of diminished capacity, the will contained provisions inconsistent with your beliefs regarding the testator’s intent. You will need medical proof of diminished capacity, which typically will require a physician’s testimony regarding the testator’s lack of mental capacity. Another reason that you may contest a will is due to conflicting documentation. After a will is admitted to probate before a Judge, you may discover that the testator created a subsequent will that serves to revoke the will admitted to probate. The newly discovered will could contain provisions drastically different from the previously executed will, such that you must contest the will admitted to probate and bring the newly discovered will to the Court’s attention. Time To contest a will, you must take action within a certain time frame. In Tennessee, will contests must be initiated within two years from the date the will is admitted to probate. (Note: This is not the same as the date of the testator’s death. Instead, this is the date the will is filed with the Court for probate.) While not a traditional will contest, surviving spouses who are unsatisfied with the distributions provided in their deceased spouse’s will may choose to file a Petition for Elective Share and request that the Court provide them more assets from the Decedent’s estate than the Decedent left them in the will. This Petition must be filed within nine months of a person’s death, not nine months after probate filing. The other time component to consider is how long will contests can take. Claiming that a testator’s will is invalid is a very serious allegation requiring a high level of proof. The Court will consider all angles of the issue, and in the process, you may end up spending a lot of money and time in court to contest a will.
• 2 handfuls cherry tomatoes • 1 tbsp balsamic vinegar • 2 5-oz salmon fillets • 1 handful fresh basil
DIRECTIONS
1. Preheat the oven to 400 F. 2. In an oven-proof dish, combine the potatoes and 1 tbsp olive oil. Roast for 20 minutes. 3. Remove the dish from the oven and add the asparagus. Toss, and bake for 15 more minutes. 4. Remove the dish from the oven and add the cherry tomatoes. Toss. Drizzle with balsamic, then nestle the salmon fillets into the vegetables. Drizzle with the remaining oil, and bake for 10–15 minutes. 5. Remove the dish from the oven, garnish with basil leaves, and serve! INSPIRATION “Go as far as you can see; when you get there, you’ll be able to see further.” – Thomas Carlyle
Will contests can be time-consuming and expensive, but it can also be necessary. For more information or for details on will contests, contact Douglass & Runger today. You can also visit DouglassRunger.com to learn more about our other practice areas.
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