Many people try to keep their estate plans as simple as possible. They focus on protecting their loved ones and allocating their property. They might fail to address foreseeable issues that could arise during estate administration.
Perhaps a testator has two children who consistently fight with one another and have since childhood. The chances are good that they might end up embroiled in a conflict during estate administration. If their disagreement leads to litigation, the assets everyone inherits could diminish because of the cost of the dispute. Maybe the plan is to leave an uneven inheritance or to disinherit one family member. That could also trigger conflict.
There are many strategies that people can use to try to reduce the likelihood of their loved ones fighting over their assets after they die.
Transparency is important
The simplest way to prevent probate disputes is also arguably the most challenging on an emotional level. Being fully transparent with beneficiaries and family members can be difficult in some situations. Those who intend to leave less for one loved one or to disinherit them may not want to deal with the confrontation that could follow the announcement of their decision.
However, trying to avoid that difficult discussion might mean that litigation arises after they die. Talking with family members one-on-one and in a group setting can help ensure that everyone is aware of what the estate planning includes. People who have had time to accept a testator’s plans may be less likely to lash out after their death.
The right tools can make a big difference
Even those who know about the contents of an estate plan may still take issue with it after the testator passes. There are estate planning tools that can help people limit litigation in those situations.
Many people add no-contest clauses to their wills. That way, if a family member without a reasonable justification takes legal action against their will, that person risks the loss of their inheritance. The threat of disinheritance can deter many people from initiating probate litigation.
Other people may decide to establish a trust. Trusts are generally harder to challenge in court than wills. They also provide an opportunity for more nuanced control over the distribution and use of inherited property. Some people can take other steps, such as arranging to transfer property outside of probate court.
Discussing estate planning goals and family circumstances can help testators choose the best strategy for limiting family conflict. People who acknowledge that their loved ones may fight over their property may be able to proactively prevent such conflicts from damaging the legacy they leave.
