November 14, 2024
Thanksgiving is a time for togetherness. Unfortunately, that means it’s also time for family drama. Some people just don’t get along, and even a special event like Thanksgiving cannot overcome the friction. When planning your estate, it’s important to keep family dynamics in mind. Does the person you are considering to handle your estate have a feud with one of your beneficiaries? Is there a relative you worry might try to challenge the will to try to enlarge their own share? Do your children not agree on anything, ever?
Some people believe that the drama in their family will go away after they are gone, but sadly the opposite is often true. Without the family member to keep peace, tensions turn to infighting and will contests. It’s critical that you consider these dynamics when setting up an estate—whether by appointing a third party to manage your estate, adding clauses to discourage will contests as much as possible, and above all, to speak to your attorney about your wishes without family present (or with all family present) so your documents can be honestly said to accurately reflect your wishes, not those of a child or caretaker.
Being candid with your attorney about problems is essential. Don’t let embarrassment prevent you from highlighting a potential problem; your attorney can’t fix what they aren’t told about! Attorneys are ethically bound to keep secret anything you tell them. They can’t fix family friction, but foresee potential problems and advise on how to address them.
Tree Ring Legal is happy to discuss your estate plan with you and help you set up a plan to enact your wishes. Contact us for a free consultation today!