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Examining no contest clause enforcement

Among the many points to contemplate after a loved one passes away in Roswell is how their estate will be dispersed. The relationship that you shared with the decedent might offer indications on how they structured your estate, so if what is actually stipulated in their will varies greatly from those expectations, you may be justified in having questions. Yet what if the will contains a no contest clause? Several clients have come to us there at the Sanders Law Firm concerned about the validity of their loved ones' wills, yet equally worried that any challenges they bring will cause them to be disinherited. If you share the same concerns, what you really need to know is how far will the court go in enforcing a no contest clause. 

Per information shared by The American College of Trust and Estate Counsel, New Mexico is among 22 states that respect the validity of no contest clauses. This does not necessarily mean, however, that you are completely barred from questioning a family member or friend's will. If you have sufficient proof to show that their probable cause to believe that a will is questionable, the law allows an investigation into it's validity with presenting the fear of disinheriting you. 

The mere fact that you question a will does not automatically trigger a no contest clause. You can typically bring action without prompting any sort of forfeiture. It is after your claims have been reviewed and ruled upon that any punitive action stipulated in a no contest clause would go into effect. You can learn more about the process of reviewing the provisions of an estate by continuing to browse through our site. 

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