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What To Know About Our Probate and Planning Files: Preparing to Defend the Estate Plan

By October 5, 2018

Probate litigation almost always subjects estate planners and their work to intense criticism. Just as sound estate planning contemplates myriad contingencies for the client (e.g. incapacity, divorce, death, etc.), so should estate planners plan for their own futures and consider that the emergence of conflict is rarely negotiable. Conflict will invariably arise, and even good estate plans will be challenged. Planners should plan with defense of their work in mind. In doing so, estate planners will better understand their role in potential litigation, build and maintain better files, and prepare themselves to be a critical target of discovery

 

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