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How Estate Planning Can Help Prevent Disputes after You Are Gone

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Creating a comprehensive estate plan is essential to ensuring that your wishes are honored after your death. Despite having such a plan in place, however, there is always a risk that your Last Will and Testament could be contested, or your estate could otherwise become embroiled in litigation after you are gone. Fortunately, there are several strategies you can implement to minimize the risk of disputes and help ensure that your estate plan is smoothly carried out. Toward that end, the attorneys at Unsworth LaPlante, PLLC explain how estate planning can help prevent disputes after you are gone.

Estate Planning Tips to Help Prevent Disputes after You Are Gone

  • Work with an Experienced Estate Planning Attorney. The first and most crucial step in avoiding estate litigation after you are gone is to consult with an experienced estate planning attorney during the creation of your plan. Attempting to create a Will or other estate planning documents on your own using generic forms increases the likelihood of errors or ambiguities, which can lead to disputes after you are gone.
  • Protect Against Claims of Undue Influence. Undue influence occurs when someone pressures the Testator or Grantor to alter their Will or trust in a way that benefits the influencer. To minimize the risk of a challenge based on undue influence, discuss your estate plans privately with your attorney, without any potential beneficiaries present. Appointing a neutral third party as the Executor of your Will or Trustee of your trust can also help prevent claims of undue influence.
  • Consider a No-Contest Clause. Including a no-contest clause (also known as an in terrorem clause) in your Will can serve as a deterrent against challenges. This clause typically states that any beneficiary who contests the Will and loses will forfeit their inheritance.
  • Clearly Communicate Your Intentions. To prevent misunderstandings that can lead to disputes, strive for open and honest communication with your family about your estate plan and the reasoning behind your decisions. Consider including a Letter of Instructions within your estate plan explaining your choices. Although not legally binding, such a letter can help prevent confusion and potential disputes.
  • Ensure Proper Execution of Your Will. A Will that is not properly executed according to state law can be easily contested. To avoid this, make sure you are clear on the execution requirements which typically include signing your Will in the presence of at least two witnesses, who must also sign the document. Make sure your witnesses are disinterested parties, meaning they are not beneficiaries of the Will.
  • Regularly Update Your Estate Plan. Your estate plan should be reviewed and revised periodically to reflect any significant changes in your life. Major life events such as marriage, divorce, the birth or adoption of children, significant financial changes, the death of a beneficiary or Executor, or relocation to a new state should also prompt an immediate review of your estate plan.
  • Consider a Revocable Living Trust. A revocable living trust can be an effective tool to help reduce the likelihood of litigation after you pass away because it is not subject to probate and therefore less likely to be challenged. With a revocable living trust, you maintain control of your assets during your lifetime and designate how they will be distributed after your death.
  • Choose Your Executor Carefully. Selecting the right Executor is crucial to reducing the likelihood of litigation following your death. You may want to consider appointing a professional, such as an attorney or a trust company, to handle the complexities of estate administration and serve as a neutral party in case of disputes.
  • Anticipate and Address Potential Conflicts. If you foresee any provisions within your overall estate plan that might lead to disputes, it is wise to address these potential conflicts in advance. While it is your choice whether to discuss the details of your estate plan or keep them private, sharing a general outline can help set expectations and reduce the risk of litigation.

Can We Help You with Estate Planning to Prevent Disputes after You Are Gone?

For more information, please attend one of our upcoming FREE seminars. If you have additional questions about how estate planning can help prevent disputes after you are gone, contact an experienced Essex Junction estate planning attorney at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.

Ellen LaPlante
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