• 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    • Is Your Estate Plan Outdated?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 » Estate Planning Articles » One Big Happy Family: How to Avoid an Estate Dispute

One Big Happy Family: How to Avoid an Estate Dispute

December 30, 2010 by Stephen Unsworth

Compliments of Our Law Firm,
By: The American Academy of Estate Planning Attorneys

Picture this: at the end of your long, fulfilling life, surrounded by your extended, loving family, you say goodbye and peacefully leave this world. And then… your family declares war on each other. Suddenly, family members are unhappy with the contents of your estate plan, and old rifts between loved ones reopen, possibly never to heal. Where do the disagreements end? In litigation, where your estate is dissipated and everyone walks away unhappy. Unfortunately, this scenario is not as unlikely as it may seem. The news is full of stories of celebrity Will contests, like those involved in the recent Anna Nicole Smith, Gary Coleman, and Heath Ledger estates, not to mention the infamous Howard Hughes estate. Closer to home, you’ve probably heard about families in your own community that have been torn apart due to a disagreement over a loved one’s estate.

How do these disagreements arise, and more importantly, what can you do now to save your family the tragedy of a dispute over your estate after your death?

There are some factors that can increase the likelihood of family discord, including:

  • No estate plan in place
  • Second or later marriages, especially where there are multiple sets of children
  • Leaving a child out of an estate plan without explanation
  • Estate planning documents that are ambiguously worded
  • Family businesses with no clear succession plan
  • Incomplete or last minute estate planning
  • Existing hostilities among family members
  • Lack of communication with family to let them know your wishes

While there is no way to eliminate the possibility of a dispute over your estate, there are some steps you can take to reduce the likelihood of a conflict:

  • Don’t leave estate planning until the last minute.
  • Establish a pattern of updating your estate plan on a regular basis.
  • Keep the lines of communication open, so that your family knows what to expect from your estate plan.
  • If you have a family business, maintain a clear, workable succession plan.
  • To the extent possible, maintain good family relationships during your lifetime.

Possibly the most important step you can take to avoid a dispute is to engage the services of an experienced estate planning attorney. He or she can draft your documents so that they are not ambiguous and do not invite arguments.

If you are concerned about potential family conflict, your attorney can suggest a number of strategies for avoiding turmoil. For example, your attorney may suggest that you include an in terrorem (or “no contest”) clause in your estate plan that disinherits anyone who contests the document.

An experienced attorney can help you put together a plan that addresses all of your needs, while minimizing the risk of conflict among your loved ones after your death.

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

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.