• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Vermont: (802) 879-7133

Attend A Free Workshop
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
    • What to Expect When Working with Us
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid Planning & Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Wills
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
      • Medicaid Analysis Worksheet
      • Medicaid Guide
      • Vermont Medicaid
    • Newsletters
    • Presentations
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • SECURE Act
    • Top Estate Planning Techniques
  • Webinars/Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact
Home » Essex Junction Estate Planning: The 3 Big Land Mines

Essex Junction Estate Planning: The 3 Big Land Mines

June 25, 2014 by Ellen LaPlante

essex junction estate planning

As estate planning lawyers, the irony isn’t lost on us that the very thing we encourage our clients to do in order to prevent family battles after their death is the same thing that can lead to epic battles. If human nature is at play, there’s going to passion, fear and even anger. Here are three of the biggest landmines that historically have led to major meltdowns in family dynamics.

She Left me WHAT?!

The element of surprise is often a good thing. When it comes to unveiling the contents of a will, that element of surprise can be anything but. You have two choices: you can let your family members know ahead of time what they will or won’t receive or you can do nothing and let the cards fall where they may. Frankly, this is one of those questions your estate planning lawyer might not be able to help you overcome. Only you know your family dynamics.

If you gave one of your adult children a bit of an advance on what they will inherit, it will feel unbalanced when the will is read, but you may want to include an addendum to remind your family that you’d helped with the down payment on your daughter’s home. You’d be surprised at the comments of “Oh, yeah. I totally forget about that” when a loved one is reminded of their early inheritance.

Contest It – I Dare You

Oh, those touchy no-contest clauses. These have the potential of being quite explosive. A no-contest clause is used to discourage your heirs from challenging your will or any trusts you’ve put into place. If they do push the matter and if they lose (which, if you have an experienced estate planning lawyer, you won’t have to worry about it), they lose everything. This is one of those legal double-edged swords, though. If you have two daughters and $20,000 in cash, and let’s say you leave one daughter $19,000 and your other daughter, who may have substance abuse problems, you leave just $1,000. Your daughter who ended up with $1,000 may feel it’s worth the risk to challenge your will. There’s not much at stake if she loses. Again, your best ally in these situations will always be your estate planning legal team.

A Sentimental Fool

They say those in love with the sentimental side of life are foolish. We disagree, and we’ve seen enough families disintegrate over sentimentality. While many are concerned about problems over property, cash and cars, there’s another possibility that’s just as apt to become heated. The brooch that your great grandmother wore or maybe priceless painting that’s hanging above your fireplace or it could be a few small boxes that hold all of the family recipes dating back to the 1930s – these are all fair game and make no mistake, for the sentimental members in your family, it can be excruciating to know it won’t fall to them.

Interestingly enough, every case is different. While it might be best to warn families of what the will contains, there are just as many who say, “Eh. They’ll find out soon enough.” Only you can make that decision for yourself. In order for your will to be honored and to lessen the possibility of it being contested, it’s very important to bring in your Essex Junction estate planning lawyer who can work with you to ensure there are no loose ends.

  • Author
  • Recent Posts
Ellen LaPlante
Ellen LaPlante
Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is barred in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance.
Ellen LaPlante
Latest posts by Ellen LaPlante (see all)
  • How to Apply for Senior Medicaid in Vermont - December 11, 2022
  • Planning for the “Silver Tsunami” - November 1, 2022
  • Discharge of Indebtedness Income and Student Loan Forgiveness - October 27, 2022

Filed Under: Uncategorized Tagged With: Estate Planning

Other Articles You May Find Useful

Essex Junction elder law attorneys
What You Need to Know about Elder Abuse
Essex Junction Medicaid planning attorneys
How to Apply for Senior Medicaid in Vermont
Planning for the “Silver Tsunami”
Discharge of Indebtedness Income and Student Loan Forgiveness
More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation
Essex Junction Medicaid planning attorneys
Does My 401(k) Account Count for Medicaid Eligibility?

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

  • This field is for validation purposes and should be left unchanged.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc.