Frequently Asked Questions (FAQs)
Disqualified Beneficiaries
How can I safely leave money to a person who is presumptively disqualified?
The easiest way is to obtain a “Certificate of Independent Review” from an independent attorney. The attorney will review the will or trust with you, and if the attorney determines that the transfer is “not the product of fraud, menace, duress, or undue influence,” he or she will execute a one-page certificate with that conclusion. A properly executed “Certificate of Independent Review” overcomes the presumption of invalidity and can help protect your estate plan.
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