If you’re part of the 27% of Americans who are dealing with family estrangement, it’s important to think about this issue while planning your end-of-life documents. Failing to take family conflict into account may lead to legal battles and major arguments later on. To reduce the risk of estate-planning conflict in your family, follow these tips.
Discuss Your Plans Ahead of Time
It’s certainly understandable to keep your estate plan private. However, if you do feel comfortable discussing it, it can clear up a lot of issues. By talking with your loved ones ahead of time, you can make it very evident that the items in your estate plan are your true desires instead of mistakes or false information planted by someone else.
Sitting down and talking about it before disinheriting someone or leaving a valuable heirloom to another person also helps to smooth over hurt feelings.
When people are expecting the change, they’re less likely to get upset and lash out during probate. This conversation can be difficult, but it’s still worth having. For those who are worried about how the discussion will play out, it can be helpful to have a mediator or family therapist who can assist you during your talk.
Be Up-front With Your Estate Planning Lawyer
Family drama might feel uncomfortable to discuss with others, but your estate planning lawyer needs to know about it. Make sure you mention things like people you want to disinherit, people you believe might try to take advantage of other family members, or belongings that everyone is going to argue over. Taking the time to explain some basics of your family dynamics will help[ you get an estate plan that suits your needs.
Consider Creative Solutions to Conflict
Keep in mind that all family conflict doesn’t have to be settled by disinheriting a child or other family member. Estate planning is very flexible. There are a lot of different ways to divide your assets, so you can find solutions that suit your situation.
One of the most popular options for high-conflict families is a trust. A trust lets you put rules in place, such as only using the money to pay for college, so it can help resolve fears about family members wasting money or withholding it from others. Trusts can also make it easier to split ownership of things like a family vacation home, so you don’t have to hurt feelings by leaving a property to only one person.
Trusts not only come with some tax benefits that you can take advantage of depending on your situation, but a trust does not go through probate. Your heirs will avoid probate-associated court costs, and because trusts don’t go through probate court, they do not become matters of public record, which can preserve your family’s privacy during a difficult time.
Make Sure Your Estate Plan Is Airtight
The final step in learning how to prevent your will from being contested is to make sure your entire estate plan is airtight. There are a lot of small details, such as the wrong witness or a poorly phrased clause, that can lead to years of legal battles.
If you want to avoid these issues, you need an expert estate planning attorney to draft extremely clear, accurate documents for you. By getting a professional estate plan instead of relying on hand-written documents, you can make your wishes known and keep family conflict from getting in the way of your final wishes.
If you want an effective estate plan that takes your personal situation into account, turn to The Knee Law Firm. Our team of estate planning lawyers is happy to discuss your circumstances and help you find the right documentation for your case. No matter what level of family conflict you’re dealing with, we can assist you. Schedule a consultation at our Paramus office by calling 201-996-1200.