Tips to Avoid Family Fights Over Your Estate
A death in the family sometimes can result in confusion and infighting between family members. But you can ensure that this does not happen with your family with just a few simple steps.
It is not uncommon for family members to fight over who gets what from a deceased loved one’s estate. Brothers and sisters fighting over who will get what from their parents’ assets, a child fighting with a stepparent over the family home, etc.
You may strongly believe that this would never happen in your family, and it probably won’t. These types of family disputes are rare after the death of a loved one, and when they do occur, they are seldom serious enough to lead to legal action.
That said, here are a few simple steps you can take to ensure that when you pass away, your family does not end up fighting over your estate:
Add a No-contest Clause
Every good estate plan has a no-contest clause. What a no-contest clause typically says is that you have clearly stated your intentions for the disposition of your estate and that any beneficiary is free to challenge your estate plan, but their inheritance will be reduced to one dollar if they choose to do so.
Most disgruntled heirs will become cooperative and compliant when faced with their inheritance being reduced to almost nothing. Adding a no-contest clause to your Will or Trust is a simple way of ensuring that your wishes are carried out and that your heirs have no room for bickering about your choices.
Choose The Right Executor
Many Virginians choose their oldest child to be the executor of their estate, even if others are better suited for the role. However, it’s best to ignore tradition or expectations and choose an executor who is trustworthy, hardworking, and who communicates well. Your heirs and beneficiaries are less likely to distrust your executor if he or she is someone that they trust, and who keeps them up to date with what’s going on with your estate.
Remove The Element Of Surprise
Avoid surprises by discussing your intentions with your family members, and by providing simple explanations for the decisions you have made with regard to who gets what from your estate after you pass away.
Keep Your Estate Planning Documents Up To Date
Keep your estate planning and supplemental documents up to date and in line with your most current wishes for the distribution of your estate.
Be Specific With Your Instructions
Be specific in your Will, trust, and other estate planning documents. Specificity is important for avoiding family disputes over what you intend to have happen and who should get what.
Don’t Wait Until The Last Minute
Virginians often put off doing estate planning until the very last minute. But after a lifetime of building close relationships among your children and other loved ones, it’s up to you to ensure that you leave them a legacy that is free of conflict and controversy. This means giving estate planning the proper consideration and time it needs to be done right.
Consult With An Experience Virginia Estate Planning Attorney
Relationships can change in an instant when things are left unclear. You don’t want your loved ones to end up fighting over your estate after you are gone. But this is exactly what can happen if you don’t take the right steps to ensure that it does not happen.
Consult a knowledgeable and experienced Virginia estate planning attorney for assistance and guidance. An experienced estate planning attorney can help you draft estate planning documents that express your desires clearly, and that will help avoid any family disputes after you are gone. Contact us at (703) 553-2577 or use the contact form on our website to arrange an appointment.
The information on this site is for general informational purposes only. The information presented in this site is not legal advice or a legal opinion. You should seek the advice of legal counsel of your choice before acting upon any of the information in this site.