People often think that whatever they put in their estate plans is fixed after they pass away and that no one else can change it. However, that actually is not true. Under certain circumstances, a Court can change your estate plan. It is very rare that a Court will do so, but I would like to talk about one particular reason that a Court might change your estate plan.
You get an estate plan for certain reasons. The reasons are different for everyone, but everyone is hoping to accomplish something with an estate plan. Unfortunately, some estate plans do not do a very good job of accomplishing what the deceased wanted to accomplish. In these cases, a Court might intervene and change the plan to fulfill the intentions of the deceased. In fact, Whitney Houston’s mother and sister-in-law are currently asking a Court to do this for Houston’s estate.
It is important to note that a Court will not intervene on a whim. The deceased’s intentions must be very clear and it must be obvious that the estate plan as written does not fulfill them. In Whitney Houston’s case, it is unlikely that the Court will make changes, but it can happen in other cases.
Duffy Law Office is a member of the American Academy of Estate Planning Attorneys.