One thing that you should avoid is after you’ve passed on your family and loved ones to fight over your property in a lawsuit. People will do anything when money is involved to the extent it tears the family permanently. However, litigation should be avoided because despite creating hostility among the family members, it can wipe out the estate leaving everyone with nothing.
That’s why no matter how cumbersome, it ensures you plan your estate. Prepare necessary documentation, ensure everything is notarized, and make amendments to ownership papers. Do all the planning, no matter how small or big, and decide who gets what and when to avoid estate litigation. Nothing is discouraging like when families tear each other legally. The damage caused by family litigation could be irreparable. You can get help from reputable estate litigation firms like vestestatelawyers.com.
Here are manageable ways to avoid family estate litigation.
Manageable Ways to Avoid Estate Litigation
Spell it Out
You should have a comprehensive estate plan. Keep it updated and ensure your attorney or a family member tasked with the reading can access everything they need to fulfill your last wishes.
The primary reason for estate litigation is a poorly drafted will. A well-customized will with estate planning documents will give your family an easy time settling your estate according to your wishes.
Read and Edit the Documents
After writing your plan, you need to put it into action. Recheck your written estate planning document to ensure there are no mistakes. If you feel the will is in order, you should ask for a professional opinion to erase any chance of an error. For example, if one beneficiary dies before the author and is not removed from the will, it could cause family litigation. So you need to update your will to make sure the rest is coherent so that it will not generate mixed signals.
Understand the Plan
You should work closely with trustees or executors so that they may understand the plan well. It helps them to be equipped with the bigger picture when tackling the execution. It would benefit trustees who will manage your assets for a long time.
Communicate with Heirs
Communication with your family about your intentions is vital for distributing your estate. If you intend to unevenly distribute or exclude a child from your will, you should inform them or write a letter explaining why. Every child expects to be the heir; if left out without their notice or explanation, it could lead to family litigation.
Include No-Contest Clause
To eliminate the chances of disputes in your estate, you should include a no-contest clause. The clause will discourage possible litigation on your estate or trust; you should provide a clause stating anyone who challenges the estate documents should be removed from the inheritance.
However, the clause weight might vary depending on where you come from, and it might not prevent the challenge brought against your will if done in good faith.
You worked so hard to get your estate, and living it to your family gives you joy, but the thought that you might leave them clawing each other legally and verbally is heartbreaking. That’s why you should plan your estate by yourself or through an estate planning attorney to ensure your estate is distributed as per your wish.