In many families, everyone gets along, happily gathering for the holidays, sharing laughs, telling stories, and enjoying each other’s company. Then, the matriarch or patriarch dies. Suddenly, years of pent-up resentment and hurt feelings surface, and the once-happy family is now embroiled in litigation over the head of the family’s money and property.
Having an Estate Plan Is Crucial to Your Family’s Success
When everyone is alive and happy, it is easy to think that nothing will break a family apart. Many people think that, since everyone gets along, estate planning is unnecessary because everyone will look out for one another and do only what is fair. However, having a properly prepared estate plan is crucial. Failing to plan not only takes all the control out of your hands but can also leave hurt feelings and possible confusion over your true wishes. This confusion may force family members to pursue the only source available to resolve the misunderstanding: probate court.
Not Just Any Estate Plan Will Do
While a lack of planning can lead to disastrous consequences, poor planning can be just as harmful. Documents that are outdated, vague, or improperly prepared can lead family members to challenge them. Family members may have differing opinions about your intentions if your documents are unclear. This is especially unfortunate if you have a trust: One of the primary reasons to prepare a trust is to avoid court involvement. A trust contest, however, places your loved ones and the provisions in your trust under court scrutiny.
Contest Clauses
No-contest clauses are not enforceable in Florida. A common situation where contests can arise is when someone is left out of the will or trust. If you want to disinherit a family member intentionally, consider leaving them a nominal amount at your death or identifying them and saying they have been provided for otherwise.
You Can Protect an Inheritance with Proper Planning
Alternatively, if you are concerned about a beneficiary receiving money outright because of creditor issues, spending habits, etc., you need not disinherit or leave them out of your estate plan. Leaving money to a family member does not have to be an all-or-nothing decision. By utilizing a discretionary trust, you can set aside money for the individual to be distributed by a trustee when and how the trustee deems appropriate. If you do not want to put such tight restrictions on a beneficiary’s inheritance but still want a level of protection, you can have a beneficiary’s inheritance held in a trust and distributed to them at specific ages or when they reach certain milestones. You do not have to leave your loved one an inheritance outright without any requirements or stipulations.
A Proper Estate Plan Can Help Avoid Contests
Having a well-drafted, up-to-date estate plan is crucial regardless of your family situation. Will or trust contests can be costly and quickly drain what you want to leave behind for your loved ones. We can assist you in creating an estate plan that will ensure that your wishes are carried out and that harmony can be maintained within your family after you are gone. Call us today to schedule an appointment.
If you have questions about your estate plan and what documents you should have in place to plan your estate, schedule a free consultation today by calling our office at 561.694.7827, Anné Desormier-Cartwright, Esq., Elder and Estate Planning Attorneys PA, 480 Maplewood Drive, Suite 3, Jupiter, FL 33458.
The content of this article is general and should not be relied upon without reviewing your specific circumstances by competent legal counsel. Reliance on the information herein is at your own risk, as it expresses no opinion by the firm on your specific circumstances or legal needs. An attorney client relationship is not created through the information provided.
