Avoid Contentious Court Battles With Your Estate
It's distressingly common for some families to tie up estate matters in court for years. This is not something that most people want to happen and it can be so easily avoided if you make the right moves now. Read on and find out more.
Get Advice from an Attorney
Estate attorneys understand all the ramifications of estate provisions and can help you create a plan that is clear, fair, and not as likely to be disputed in court. Estate planning attorneys will enlist you in creating a plan that is perfect for your circumstances. Not everyone needs every single estate provision in existence. A good attorney will understand your needs and keep things simple and easy for your loved ones to work with if you should become incapacitated or pass away.
Cover Pivotal Issues
When families fight about an estate, it's often because the estate documents were not clear. An estate attorney will make sure that your will, trust, powers of attorney, and other important estate documents are legal in your state and leave nothing up to interpretation.
One way that happens is by appointing certain people to oversee your estate. Take care in appointing family, friends, clergy, or a lawyer to take the lead and be the final decision-maker when necessary for the below roles:
- Executor (also known as a personal representative) of your will.
- Trustee over your trusts.
- Guardian of your minor children if you are single.
- Power of attorney for making financial decisions if you become incapacitated. Powers of attorney expire either on a certain date or upon the death of the grantor.
Don't make anyone part of your estate plans to perform in one of the above roles without discussing it with them first.
Be Open and Forthright
The time to discuss your estate plans with your family is soon after they are complete. Be open about your plans so that there can be no mistaking of your wishes. This type of discussion provides you with the opportunity to explain the reasons why you are making certain plans. If you have not discussed your final wishes about burial and funeral arrangements, do that now as well. Every plan you make takes the burden of decision-making during a tough time easier on your loved ones.
For more information on creating a set of provisions that will help your estate pass smoothly into the hands of your loved ones, speak to an estate lawyer.
Contact a firm like The Cormac McEnery Law Firm PLLC for more info.