Preventing the disagreement

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Sometimes it can be a little awkward to let a family member or friend know that he or she isn’t going to inherit anything once you pass.

By Beth Newcomb

Sometimes it can be a little awkward to let a family member or friend know that he or she isn’t going to inherit anything once you pass. Or, maybe one sibling is getting less than the others, explains Jay Nabors, a Cleveland-based attorney who focuses on estate planning.

“Some people worry that their family members will argue about the will after they pass, or they’re uncomfortable explaining the terms of their will to their heirs,” Jay acknowledges. “Maybe they’ve decided to disinherit someone. The point is they don’t want to make the information a topic of conversation before they pass, and they don’t want anyone arguing about their final wishes after they’re gone.”

To avoid problems, Jay says there are two options. The first is to include no contest language in the will, stating that if anyone decides to contest, they’re disinherited. The second option is to create a will then file a case asking the probate court to say the will is valid, which prevents anyone from contesting it after the person passes.

“These options might be suitable for a person with a large estate, or someone who owns a business or real estate that they’re leaving to a certain individual or individuals,” Jays shares.

To determine if you should take either route outlined above, Jay suggests meeting with an estate attorney like him to review your options.

Jay is a partner with Weston Hurd LLP. Typically he sees clients at the firm’s office in downtown Cleveland, in addition to meeting with clients in Strongsville upon request. Virtual meetings, house calls and select evening appointments are available.

To reach Jay Nabors of Weston Hurd LLP, call 216-687-3205. His office is at 1300 E. 9th Street, Suite 1400 in Cleveland. Jay can also meet clients at 11221 Pearl Road in Strongsville.