Estate Litigation: Tips on How to Avoid It

Drafting a will and planning your estate is work that can easily be torn apart by litigation if you miss out and ignore some important issues. For instance, making the right choices in preparing a proper estate plan can prevent the likelihood of family conflicts.

While there’s nothing you can do about the potential issues when you’re gone, there are some ways you can take to minimize the risk that your heirs may face costly and painful estate litigation in the future. Here are some tips to consider.

Be Clear About Disinheritance in Your Will

Disinheritance specified in your will can be a potential cause of litigation. For instance, if you’re disinheriting a child in your will, you should be specific and clear about your intention of excluding them in your estate plan. The exclusion of an heir without making it clear in the will’s language could mean that it was only an oversight rather than an intentional act of disinheritance.

Be Specific About Your Personal Property

Remember that not everything you own has monetary value. Think about family treasures and personal memorabilia. In most cases, estate litigation arises from transfers of family treasures and properties that have little economic value.

That’s why before you finalize your inheritance, you should make sure that the dividing of properties among your family members doesn’t create problems. Take note that letting them decide on their own how property should be divided would only cause conflict. If you want to be clear about your plan, you can maximize several ways to distribute property with sentimental value.

Explain the Reasons Behind Unequal Inheritances

The idea of having unequal inheritances among family members opens the possibility of estate litigation. It’s not a good feeling when someone in your family has received an unfair inheritance. However, this kind of situation happens in reality.

If you decide to give unequal inheritance to some of your family members, it’s best to provide them with a good reason for doing so. In fact, you may also want to include in your will your reasoning with those who have been left with an unequal share so that they’ll not feel that they’ve been mistreated.

Refrain from Using “No Contest” Clauses

Preparing a will should be done carefully. Plan your estate in a way that does not require “no content” clauses and you’ll avoid time-consuming litigation for your family and friends.

Having “no contest” clauses can trigger a family member to contest your will. That’s why you should be avoid using a provision like this, indicating that if any of your heirs challenge the will, the clause will void their claim.

If you’re unsure about it, don’t hesitate to have your will reviewed by an attorney. In these types of situations, it’s essential to consult a licensed lawyer who can give you valuable legal advice as to what should be legally done to avoid litigation arising from the preparation of your estate.

Document Loans to Heirs Against the Estate

In almost all cases, loans contracted by the heirs against the estate should be documented in writing. There are circumstances when some benefactors will loan money against an heir’s inheritance. It is expected that the money will be deducted from their share of the estate upon the execution of the will.

While this process isn’t prohibited by law, it is still best to have these loans documented. By doing so, you’ll avoid confusion and other legal claims during the execution of estate.

Use a Neutral Third Party Executor

When selecting an executor, pick someone who is responsible and reliable. Remember that conflict may arise if you name a sibling or a family member as the executor. You can also expose your chosen executor to allegations that they may abuse their power in the execution of your estate.

Using a neutral third party executor or an attorney can help you avoid this kind of estate conflict. However, you should also make sure that you choose the right executor whom you can trust to execute your will. For example, a lawyer who is experienced in estate planning can help you decide what’s best for your will and estate.

Take Time to Review Your Will Regularly

Estate litigation can happen in the event you fail to check and update your will regularly. Following a major event in your life such as a birth of a child, marriage or even divorce, you should review your will for possible adjustments.

Avoid an estate dispute by taking all of these tips into account. Take note that communication and appropriate legal advice are vital factors in preventing estate litigation. If you need help with your estate and will, speak with an experienced and knowledgeable lawyer who can assist you in setting up a firm estate plan for your benefit and of your family. Click here for more information.

Kiren Manning 

Kiren is a estate law writer who enjoys writing about subject in relation to real estate and law. He has written for a few blogs in the past, and enjoys sharing his knowledge with those who enjoy reading. In his spare time he enjoys spending quality time with those he loves.