re: I have a question about estate planning and what is possible....

quote:

---

For instance, the will is read, no one is allowed to fight about who gets what, or no one gets anything.

---

I'm not sure that wills are 'read' like most TV shows depict. In Louisiana there is no requirement, as I suspect there isn't in most states.

The second matter -- not fighting or no one gets anything -- would be called an in terrorem clause. It's meant to put fear into someone who may inherit under the will to keep them from challenging the will. Again, I can only comment on Louisiana and speculate about other state law. In Louisiana, our case law is just now being developed. The particular clause you mention -- if anyone fights, no one gets anything -- has been held to be invalid here in Louisiana. Just because X challenges it, doesn't mean Y and Z should be left out in the cold. I understand case law here to say that you could say if X challenges it, X is out and his portion goes to Y. In other states, the case law or even codified law may be much better developed and clear. In Louisiana, it just isn't.