[GRAPHIC: John M. Gasidlo, Esq. Estate Planning Attorney, Westport 203-635-0561, Toll Free 866-761-1956, www.ctestatelawyer.com, 191 Post Road West, Westport, CT 06880]
JOHN GASIDLO: It's vital that your will and trusts are clear and not ambiguous. First, you don't want family members fighting over it, and second, you don't want one of them bringing a lawsuit against the other.
To make sure my client's wishes are carried out in their will, I get a list of all their assets. I determine which accounts, real estate, bank accounts if they're joint, a pension if there's a beneficiary, life insurance if there's a beneficiary, those pass outside the will, so we have to know that in advance in determining how to divide the assets that will pass within the will.
I've been involved in many will and trust contests where we've contested the mental capacity of the person. The other main way to overturn a will or trust is by claiming undue influence. So when I help an elderly client create their will, I have to look for those issues, to defend against those issues so that I know the client's real intentions are met.
[GRAPHIC: John M. Gasidlo, Esq. Estate Planning Attorney, Westport 203-635-0561, Toll Free 866-761-1956, www.ctestatelawyer.com, 191 Post Road West, Westport, CT 06880]
