One of the saddest things that can happen after the death of a loved one is an intense family dispute about who gets what in regards to the deceased’s assets. This can quickly escalate into a situation where everyone is airing ancient family grievances, and using various justifications to try and secure a piece of contested property. Instead of letting it come to that, it’s better to make one’s wishes clear to the family, so that there isn’t any uncertainty afterwards. In this article we’ll look at some of the ways that you can plan in advance so that your family knows your exact wishes regarding all of your property.
Creating an Incontestable Will
Even though wills are difficult to contest, that doesn’t mean that you shouldn’t take steps to ensure that yours can’t be contested in court later on. An incontestable will is one that is not open to interpretation or dispute. That means that even if someone tries to take the will to court in order to contest it, they cannot possible win. They will have no grounds for a case and the assets will be distributed following the exact dictates of the will.
There are several ways to create such a will. One way is to videotape yourself reading your will, and stating clearly that it reflects your wishes and that you are in a sound state of mind. Alternatively, you may wish to draft your will with a lawyer. In order to create an incontestable will, this can best be done when you’re alone with a lawyer, where he or she is able to see that you’re in a sound state of mind and not under any outside pressure.
Speaking With Your Family About Inheritances
Creating an incontestable will is a good way to minimize family disputes after the fact. Another proactive step you can take is to openly discuss your choice of heirs for your assets. You may find out that some beneficiaries want certain things, while others don’t care for what you’ve left them. If this problem arises after the death it can be significantly more difficult to sort out than if you address it early on. Of course a perfect agreement may not be reached, but it’s likely to result in a better will being drawn up than if you don’t seek any consultation on it. Addressing this question now will also give everyone a chance to work together to come to a solution amiably.
Updating Your Will
Another big step towards giving your family peace of mind is to continually update your will. As you gain or lose assets, and other members of the family are born or die, it’s important that your will reflects these changes. For example, if your original will leaves a piece of property to someone who has died, and you never change it, this could potentially create problems later on when the remaining heirs try to figure out who has a rightful claim to the property. Having a lawyer update your will on a regular basis not only guarantees that everything is done correctly, it also ensures that it happens as often as it needs to.
Picking a Good Executor of the Estate
Being the executor of the estate is a large responsibility, especially if the estate is big or if there are multiple heirs. That’s why it’s crucial to pick the best person for the job. Ideally they should have enough time to handle the work, and they should be able to get along well with everyone in the family. If the executor of the estate is generally disliked or mistrusted by the family, that can create problems later on. The beneficiaries may feel like the executor of the estate is abusing their power or acting in a biased manner. In order to avoid this you may want to discuss with your family your potential choice for executor. If people have a problem with your choice, you may want to consider their suggestions for someone better. This can make the probate process significantly easier and leave your family with a strong peace of mind.
Creating a Will With a Good Lawyer
Selecting a good lawyer can make the difference between a smooth probate process and one fraught with problems. Not only will a lawyer help you to create a will, but they can also ensure that all of your affairs are in order and that you’re not leaving any undue burdens to your heirs. On top of that, it helps to establish a relationship with a lawyer versed in probate law before you need one. By doing so you’ll ensure that there is someone who the family can trust to represent all of your wishes. A lawyer is also often necessary during the probate process, and you may want to introduce him or her to the person that you’ve selected to be the executor of your estate.
Arranging Burial Wishes in Advance
One final step that you can take to ensure your family a peaceful grieving process is to take care of all burial arrangements in advance. You may want to ensure that there are adequate funds to provide for the funeral and any other expenses. If you have special wishes regarding your burial, these can be addressed in your will. By laying out everything clearly you’ll take away any room for doubt and ensure that your surviving heirs are all on the same page.
The Last Step
By going through the steps above you can give your family peace of mind, and guarantee that your wishes are clearly stated and there is no fighting in the family. This is especially important if the estate is large or there are multiple heirs to divide the estate amongst. To help you along the way, we suggest contacting Hopler & Wilms. They’re an experienced group of attorneys who can help to handle any legal problems you encounter along the way. Visit our website to learn more, or contact us today to represent you.