Tips To Avoid Having a Contested Estate

Over the ears, probate litigation has started becoming commonplace. This is due to a myriad of reasons ranging from complex familial relationships, changes in the economy, consecutive multiple marriages and more. Thus, numerous contested estates are being taken into probate court. If you would like to avoid this with your own will, you could consider a few things.

Select the most appropriate executor

A common misconception people make is that the executor of your will should be based on how much you care for the person. This is not the right way to go about it though. You should always anticipate there would be friction in the family, even if they were all in good terms, as you never know what can go wrong when emotions are running high after your departure. In addition, keep family politics in mind and do not opt to select an executor who is not well liked by the family members. It would be in your best interests to select a professional fiduciary, which can be in the form of an institution or an individual, as they will be able to execute your will objectively.

Discuss your estate before you are gone

Although discussing death may not fare well with most family members, it is pertinent to ensure that everybody that matters has an idea of what your intentions are. Not only does this work toward calming any egos that may be particularly sensitive to the division of your estate, it also ensures that everyone concerned knows your wishes when it comes to bequeathing your assets. If you are not up to doing this on your own, you can always enlist the services of an estate lawyer. You can have a family meeting facilitated by this solicitor, thus giving them a chance to communicate your intentions in a safe environment before it is too late. In addition, having your intentions known regularly over time will make it much more difficult for someone to challenge your estate with their own claims.

Do not make alterations to your will

It is easier to contest a will that has had recent changes made to it than one that has had the same instructions for a significant period of time. Any alterations to your bequest plans, especially closer to the time of your death, can raise red flags. This also makes your estate vulnerable to claims for individuals who may only need to prove their relationship with you. The best course of action is only to alter your will on a need be basis such as if you get a new child, a new grandchild, and so on. 


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