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Frequently Asked Questions
What is the time limit to contest a will?
Time limits vary by state but are typically between 6 and 12 months from the grant of probate. Prompt legal advice is essential.
Can a will be contested even if it was signed and witnessed properly?
Yes. A valid-looking will can still be challenged on grounds such as undue influence, fraud, or lack of mental capacity.
Do I need both a will and a trust?
In many cases, yes. A will covers general asset distribution, while a trust provides additional control, flexibility, and asset protection.
What happens if I die without a will?
Your estate will be distributed according to intestacy laws, which may not reflect your wishes. Having a will ensures clarity and control.
How often should I update my estate plan?
You should review your plan every 2–3 years or after major life changes (e.g., marriage, divorce, birth, inheritance).
Do I need probate if there is a will?
In most cases, yes. Probate is the legal process that confirms the will’s validity and gives the executor authority to act.
What is the difference between a testamentary trust and a family trust?
A testamentary trust is created in a will and activated after death, while a family trust is typically created during a person’s lifetime.
What if someone contests the estate?
A lawyer can advise on defending the estate or negotiating a fair resolution. Strict time limits apply to contesting a will.
Do I need a will if I don’t have many assets?
Yes. A will ensures that your wishes are followed, regardless of your estate size, and avoids complications for your loved ones.
Can I update my will later?
Absolutely. Wills should be reviewed regularly, especially after major life events like marriage, divorce, or the birth of a child.