You may consider your family pretty close-knit and not one to quarrel with one another. But at our law firm, we have seen plenty of instances in which a family member(s) leaves a reading of the Last Will and Testament in complete shell shock. Soon after, they may go as far as to contest the will and initiate estate litigation proceedings. Understandably, this is likely the last thing you want your family to resort to, especially at an emotionally fragile moment when they should band together and help one another through the grieving process. With all this considered, please follow along to find out why your family might eventually dispute over your estate plan and how a proficient estate planning attorney in Putnam County, at the Law Office of Andres D. Gil, PLLC, can help you do work now to avoid this outcome at all costs.
What are the reasons why my family might dispute my estate plan?
Even though you may have had the purest intentions to gift and support your family members through your estate plan, they may still take issue to it. Well, below are common causes of family disputes in estate planning:
- Your family members may find your instructions too vague and interpret them differently from one another.
- Your family members may find that your distribution of assets amongst all of them was uneven and unfair.
- Your family members may find that your designated executor is untrustworthy and not following your instructions.
- Your family members may find that you updated your estate plan at a time when you were no longer mentally sound.
What can I do with my estate plan to avoid potential fighting?
The simplest thing you can do to avoid future disputes over your estate plan is to communicate clearly with your family while you are still alive. That way, they may know what to expect from their inheritances and even provide feedback on which assets hold particularly sentimental value. You may even take their suggestions and update your estate planning documents promptly. However, for this, we recommend that you retain legal assistance to ensure your new documents are still legally valid and enforceable.
Specifically, when it comes to naming an executor for your Last Will and Testament, we suggest that you choose a neutral third party who is not a family member of yours and who is also not a beneficiary of your estate. This is so your other family members cannot claim that they are showing favoritism or being breeding in their distribution of your assets. Importantly, the same should go for trustees of your establishes trusts.
On that note, trusts are generally less disputed than wills because they avoid the probate court. So, it may be worth considering setting up individual, irrevocable trusts for each of your family members instead.
If you require legal representation, look no further than a talented estate planning attorney in Putnam County. Our website speaks for itself, saying that you will not regret hiring the team at the Law Office of Andres D. Gil, PLLC.
