Does this wording have any meaning

What is the name of your state? new Jersey

The Executrix of my mothers will had this put in

" If any beneficiary shall contest the validity of this will or any provision there of , or shall or join in any proceeding to contest the validity of this will (regardless of whether or not such proceedings are in good faith and with probable cause, then all benefits for such beneficiary are revoked..."

( my mother would have no idea what this is saying)

Is this even legal?? Do anyone think it will hold any water??


I am having a problem with the Estate Attorney handling my mother's Probate.

I am the only Beneficiary not to receive their inhieretance simply because I asked for some sort of accounting. This lawyer had added an ad terrorem clause to the will at the Executrixes request. He is deducting an exaggerated amount from my inheirtance amount for sending copies of nursing home fees. He will not send a separate bill.
Is this bill my responsiblity or that of the "estates"?

Is an attorney helping the executrix draft this will? It's standard language--designed to prevent any of the beneficiaries from contesting the will.

If you think the executrix is pressuring mother to sign a will that mother is not fully in favor of, then you need to be suggesting to mother that she get her own attorney and that executrix is up to no good.

traynorv said:

What is the name of your state? new Jersey

The Executrix of my mothers will had this put in

" If any beneficiary shall contest the validity of this will or any provision there of , or shall or join in any proceeding to contest the validity of this will (regardless of whether or not such proceedings are in good faith and with probable cause, then all benefits for such beneficiary are revoked..."

( my mother would have no idea what this is saying)

Is this even legal?? Do anyone think it will hold any water??

Click to expand...

http://www.4lawschool.com/trusts/haynes.shtml

This is called an in terrorem clause (Latin for putting contestants in terror for trying to invalidate a will). What it means is if somebody contests the will and wins, they still don't get anything.

Thats not right. If they contest the will and win, then the will is set aside, and the clause has no effect, because the will that it was contained in has no effect.

But the clause keeps people from trying to contest the will. Because if they lose, they get nothing, even if they had cause for contesting the will.

Setting aside a will is a difficult thing, but these clauses make it even harder. Some states don't enforce or allow these -- by statute or through case law. And some don't allow the clauses where the person has probable clause or good faith for bringing the action (even with a clause like the one below). Check with an attorney in your jurisdiction.

Addition to original thread

I am having a problem with the Estate Attorney handling my mother's Probate.

I am the only Beneficiary not to receive their inhieretance simply because I asked for some sort of accounting. This lawyer had added an ad terrorem clause to the will at the Executrixes request. He is deducting an exaggerated amount from my inheirtance amount for sending copies of nursing home fees. He will not send a separate bill.
Is this bill my responsiblity or that of the "estates"?





Pls excuse me as I'm still learning the way to add questions to this thread

So how much did he bill you for? If you specially requested the copies, then you should pay for them. This is a relatively unimportant matter that you don't really need to be overly concerned about it--pay up so you can get your money.

How much will you be receiving in inheritance and has he given a reason as to why you have not been paid?

Time for you to consider getting your own attorney because he is treating you shabbily and apparently out of spite for no particular reason.

DANDY DON IN OKLAHOMA ([email protected])

Sure Dan and the next time a "bum" ask you for a quarter make sure you give him the entire contants of your wallet..