Last week we looked at several ways you can avoid estate conflicts. This week we wanted to continue the discussion to look at some additional considerations that can greatly reduce the risk that estate litigation might arise out of your estate plan. If creating a plan that will avoid estate conflicts is important to you, there are several issues you will want to be aware of as you go about the process of creating your plan.
Choose Responsible Representatives
A good estate plan will rely upon one or more people in key positions. These representatives will be called upon to perform important tasks, such as managing your property while you are incapacitated, or ensuring your estate is protected throughout the probate process. A good representative will meet his or her duties without difficulty, protecting you and your interests when called upon.
On the other hand, a poorly chosen representative can be a disaster. Someone who is unable to manage your affairs responsibly, or in a professional manner, can easily lead other family members to challenge that person’s position. These types of conflicts can be some of the most destructive when it comes to family relationships, not to mention expensive.
How do I Avoid Estate Conflicts? Revise Your Plan Regularly
A good plan needs to change as your life, desires, and circumstances change. Similarly, new estate planning laws can provide you with new opportunities or otherwise affect what you can or cannot do with your plan. Changing your plan whenever significant life events happen, or after you change your mind, is essential. If you fail to make updates, or fail to make them properly, this can lead to confusion, conflict, and litigation.
Create a Plan With the Guidance of Your Attorney
The average person has almost no way to be certain that the estate planning tools they create will be effective, minimize the risk of conflict, and will protect all of their needs. Estate planning can be so complicated that even the most intelligent person who doesn’t have an estate planning background can miss important issues or options when creating a plan on his or her own.
If you want to minimize the risk of estate conflicts arising, always create your plan with the aid and assistance of an estate planning lawyer. Your attorney will guide you through the plan creation process, and will also be there to provide you advice as you make your choices. As time goes on and you life changes, your attorney will tell you what you need to do to make sure your plan is as complete and up-to-date as possible.
Failing to have an experienced attorney help you as you create your plan, on the other hand, can lead to omissions, mistakes, and other significant problems that could easily result in destructive estate conflicts.