3 Ways To Help Prevent Your Estate Plan From Being Disputed
Most people have heard stories of parents passing away only to have their adult children come out to fight over the property and their assets. These kinds of disputes can be damaging to the family relationships and should be avoided if at all possible. This is why it is important that when you meet with an estate-planning attorney you do everything that you can to ensure that you don't leave problems for your family. Here are some things that you can do to try and prevent your estate plan being contested.
1. Make Sure You Sign It While You Are Young And Healthy
The best time to do your estate plan is when you are young and in good mental health. Many people wait until they are on their deathbed to take care of their affairs, but at that point it is hard not to think that the individual may be under distress or influence from certain people. This is why you will have better luck getting your estate plan held up in court if you sign the estate plan when you are in your right mind. That way no one can argue that you weren't doing something of your own free will and that someone was pressuring your in your fragile state.
2. Tell Your Family About The Terms Before You Pass
Although this doesn't change the terms of the estate, it is best for your family if you will tell them what is in the estate plan before you pass away. That way they know what to expect and are not blind-sided. In many cases, a child or loved one feels as if they are going to get something from your estate and they don't necessarily understand that you have organized it differently. Then after you pass away they will become hurt or saddened only to learn that the estate plan is different than they thought. This is why it is better to talk to your family before you pass away and explain why you did what you did.
3. Use Trusts
One of the best ways to keep control of your estate after you pass away is to use trusts. Trusts will allow you to determine the conditions upon which people can get their money, and they are much harder to dispute. For this reason, talk to an estate-planning attorney about using a trust in your estate plan.
By doing these things you can hopefully avoid your estate plan being contested.
For more information and advice, get a lawyer estimate from a law firm in your area.