5 Ways to Prevent Trust Litigation

As the head of your household, you have probably spent much of your life keeping the peace among family and friends. While this doesn't imply that your immediate family fights constantly, one can argue that a patriarch or matriarch works to keep familial harmony in tune. Unfortunately, even the most agreeable of siblings and relatives can come to blows during the disbursement of an estate. If you have taken it upon yourself to draft a last will and testament, you want to make certain that your wishes are carried out and that nobody will try to contest the will or cause discord over property and other assets.

You won't be able to smooth ruffled feathers after you are gone, but you can take precautions now to hopefully prevent any problems for the executor of your estate. Here are a few suggestions to ensure your final wishes are fulfilled.

1) Communicate to your heirs exactly what you plan. If you intend to leave money to specific charities or parties not related to you, make sure somebody close to you is aware what you want to bequeath. If you plan to exclude a family member from your will, you may want to make that clear while you are alive so that person understands why you omitted him/her from acquiring anything from your estate. You may find, too, open communication can heal any emotional wounds.

2) Draft your will properly. Obtaining the services of an attorney who specializes in elder law can assist you well in creating a strong document that will not be contested. If it is, it should be able to hold up. You may consider adding a "no contest" clause that stipulates anybody mentioned in your will who contests its terms will be penalized.

3) Keep documents updated. When a beneficiary dies, or when a grandchild or child is born whom you wish to include in your will, make the changes to your estate plan as soon as possible. Your will may not have a clause that refers to descendents born after a certain time, and if you die before making the right changes your family may end up battling over property and monies for somebody just born. If you divorce, change your plan accordingly until you want a former spouse to receive your benefits.

When you take the time to ensure your last will and testament is valid and fair, you help make things easier for the executor of your estate.


Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.