Many New York residents want to make it clear who they want to receive their assets after death. This desire is relatively easy to carry out as individuals have many estate planning options. Of course, some parties may wonder whether they can also use their plans to make sure a specific person does not receive any property.
When parties create their wills, they can expressly exclude anyone from benefiting from the estate. Some individuals may do this by naming the person and giving reason for the exclusion or without giving specific reason if they choose not to. In some cases, it may be wise to forgo an explanation as the excluded individual may feel the need to challenge that reason in court.
Of course, even without a reason, the person could still want to contest the will. As a result, some parties may want to consider including “no contest” clauses in their documents that may dissuade individuals from attempting to contest the will. These clauses are not recognized everywhere, but they are enforceable under state law. Therefore, interested parties may want to gain more information on this option.
New York residents can often utilize estate planning to specifically detail their desires to a certain extent. If parties are interested in potentially excluding individuals from their plans or want to explore no contest clauses, they may want to speak with knowledgeable attorneys. These legal professionals can advise them on the best ways to reach their goals for their particular cases and help them understand available options.