Estate planning is one of the most important things you can do for your family, and the process often goes off without a hitch. That said, even something as selfless as estate planning is not without its share of issues from time to time. Disputes over estates and inheritances can arise for various reasons, from unclear Wills to perceived unfair distributions and complex family dynamics.
Any of these conflicts, regardless of how large or small they seem, can be emotionally draining and financially costly for loved ones. The good news is that the right approach can often prevent or resolve estate planning disputes.
First Things First: What Are a Few Common Estate Planning Disputes
Unclear Wills
A Will is a written legal declaration itemizing how a person wants their affairs handled after death, including how assets should be distributed, details for final arrangements, and who should care for their children. By nature, Wills are very clear and detailed. However, unintended and overlooked ambiguities in the document’s language can lead to misunderstandings and conflicts among beneficiaries. For instance, the Will creator could state, “I leave my car to my niece,” though they have three nieces and two cars.
Undue Influence or Coercion
In rare situations, a family member may challenge the validity of a Will because they believe the testator was coerced or influenced to make certain decisions regarding the terms of the Will. Often, the person they accuse of such nefarious actions is another family member, caregiver, or a close family friend.
Perceived unfair distribution
Tensions among family members can quickly rise and create all sorts of problems should one or several of them feel that they have not been treated equitably. This is especially true if grown children expect an equal share of a windfall of money, but one is given thousands of dollars more than the other without proper explanation.
Blended family dynamics
Stepchildren and stepparents may have differing expectations and claims, especially if the Will does not explicitly define their inheritance rights or differentiate between biological and non-biological heirs.
Multiple or Conflicting Wills
Estate planning disputes can often arise because of multiple Wills. Remember, these documents are meant to be updated as life events arise and necessitate changes to depict the testator’s true wishes accurately. While this is a good thing, it is important to designate in the new Will that it supersedes all previous versions. If not, surviving family members could wonder which one should be considered the valid Will to act upon.
Strategies for Preventing Estate Planning Disputes
- Be clear — Ensure your Will is specific, legally sound, and leaves little room for misinterpretation.
- Communicate — Discuss your plans with family members to set expectations and prevent surprises later on.
- Utilize mediation — Mediation can be a valuable tool to resolve disputes amicably and avoid lengthy court battles.
Call Nelson Law Group Today!!
When it comes to protecting your family’s future for years down the road, it is imperative to have an estate planning attorney in your corner at all times. Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any questions. Our staff is always available.
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