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Home >> Estate Planning Articles >> Family Feud – Don’t Let This Be Your Legacy

Family Feud – Don’t Let This Be Your Legacy

September 9, 2015 by Robert Kulas.

Written By: The American Academy of Estate Planning Attorneys

The end of the holiday season can sometimes bring families both sadness and relief. While the holidays are a time when loved ones get together to enjoy each other’s company, holiday stress can certainly lead to trivial arguments and miscommunications. Imagine the disagreements that can arise if something more serious were to happen like leaving your loved ones behind to divide up property if you didn’t plan properly.

A dispute over how your estate is divided can break bonds in even the most harmonious family. This year, as you look back on your holiday celebrations, resolve that 2015 is the year that you will put a plan in place so you can prevent family feuding after you are gone.

Dividing Up Estates is a Top Cause of Family Feuds

Family disputes make the papers all the time, and sometimes the participants in the fight aren’t exactly who you’d expect. In 2007, famous real estate developer and hotelier Leona Helmsley died and left behind a $4 billion estate.  Her estate led to lots of trouble when she left $12 million to her dog, aptly and ironically named, Trouble.

While Trouble got a very generous gift, Helmsley left nothing to her two grandchildren. The fight turned bitter as the grandchildren resented not even being thrown a bone… and the poor dog ended up getting so many death threats that he needed $100,000 worth of security a year.

After much litigation, the grandchildren walked away with $6 million (despite Helmsley’s clear intention to leave them nothing) and the dog’s inheritance was reduced to $2 million by a Manhattan judge, with the rest of the money going to charity.

If even man’s best friend can become embroiled in an estate dispute, imagine the problems people can leave behind if there is no plan in place. This is especially true at a time when USA Today reports that more than 40% of adults in America today have at least one step-relative. Blended families mean more people trying to claim a piece of the pie, which can exacerbate an already tense situation.

Protect your family by planning ahead – make it your New Year’s resolution to get your estate plan firmly in place in 2015. So, what can you do to keep your family fights at bay after you are gone? Here’s what you can do to keep family fights a bay after you are gone:

  • Getting professional help. You should talk to an experienced estate planning attorney who can help you make sure your wishes are respected, whatever those wishes may be.
  • Communicating with your family. A writer for the Daily Mail recounted arriving at her in-laws where kids were asked by their still-living parents to place stickers on the property they wanted. This didn’t turn out very well as the kids began to bicker, but at least it was a good effort. While it can be uncomfortable, you need to find some way to talk to your loved ones because open communication while you are alive makes it more likely your wishes will be respected when you are gone.
  • Considering a “No Contest” clause. A “No Contest” clause, also known as an In Terrorem clause can be a silver bullet against family fights after your death due to the fact that anyone who starts a fight can be disinherited. When a “no contest” clause is included in your Will, anyone who challenges your wishes will be left out.
  • Updating your estate plan regularly. As your life changes, you need to alter your estate plan to reflect your new circumstances. Unintentionally leaving out some family members could lead to a fight after you are no longer around to correct the oversight.

You don’t want your family to become a cautionary tale after your death, so don’t put your loved ones in a situation where your case could end up in court.  Make and keep a resolution to talk to an estate planning attorney this year to discuss ways to protect your legacy and future family harmony. Your loved ones are depending on you.

Kulas & Crawford

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
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August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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