Creating a plan for your family’s future after your death is the primary goal of your estate plan. However, sometimes issues crop up during probate that may open your estate up for a legal fight.
Someone may initiate estate litigation for a variety of issues. Take a look at some of the most common to assist in crafting a plan to prevent it from happening.
A contest to your will
The most common estate litigation proceeding revolves around the validity of a will. Will contests usually involve changes to the document that caught loved ones off guard. Often, this revolves around a change in beneficiary or other terms of the will that may leave one or more of your loved ones feeling slighted.
One issue that challengers may raise in court during a will contest is your mental capacity. Should you make a significant change to your will, especially if it involves cutting out a beneficiary, consider getting a sworn statement from your doctor stating that you were of sound mind and body when you made the change. This can help stop this kind of argument.
A challenge to a trust
If you created one or more trusts as part of your estate plan, take the necessary steps to ensure that the administrator acts in accordance with your wishes. Someone may come forward and claim that the administrator is mishandling the assets within the trust, leaving the trustees at a loss. Make your instructions clear, and consider appointing a financial or legal firm to administer your trust.
You cannot account for everything that may crop up in the wake of your death, but you can have a plan to minimize conflict.