How Can I Prevent Family Disputes Over My Estate?

It’s painful to imagine your loved ones getting into a dispute over your estate, but unfortunately it’s fairly common. The best way to prevent such a dispute is with thorough estate planning and the help of an Columbia, MD estate attorney.

From an Columbia, MD Estate Attorney: Avoiding Disputes

The Biggest Culprits

What causes families to get into disputes? The first culprit is a vague will or trust. If it’s not completely clear what you want, how your bequests are laid out, or if your will or the trust leaves out some important assets, there is a lot of room for dispute.

Another common cause of disputes is when the will is not prepared and filed professionally and thus becomes open to challenge. Be aware that a handwritten will, or holographic will, is only valid in Maryland if it was written by a member of the US armed services while overseas.

Other common triggers for disputes have to do with the family itself. If you have complicated family dynamics, such as if you have some stepchildren or a blended family of some sort, or if you’ve been divorced several times and have children by various spouses, disputes will be more likely.

Finally, sometimes disputes come because everyone is simply frustrated and overwhelmed by the process of going through probate.

How to Address These Triggers

Work With an Attorney

The first and most important thing you can do is to work with an experienced Maryland estate attorney. An attorney knows every hoop that Maryland law requires you to jump through, so a lawyer will make sure everything is done properly right from the outset. But beyond that, a good attorney can help you avoid the most common issues by using the right language in your will, advising you on how to communicate with your family, and helping you set up everything to avoid probate as much as possible.

Communicate

If you let family know in advance what your wishes are, then some of the confusion is eliminated. Your lawyer can give you advice on how to present these issues to your family, and it’s especially helpful if you can explain to your family why you’ve done anything unusual.

Keep Things Out of Probate

Probate is a difficult, expensive, and time-consuming process that strains everyone’s emotions and mental energy to the breaking point. The more of your estate that you can keep out of probate, the easier it will be for your loved ones. Talk to your lawyer about how to do this, as there are several options. You can create trusts, take advantage of yearly financial gifting limits, transfer some of your accounts to pay out directly to a beneficiary after your death, and more.

Choose Your Executor Wisely

Your executor is the person who will manage your estate as it goes through probate, and it’s very important to choose the right person. They must be absolutely impartial, well organized, and have the financial good sense to be able to take care of these tasks. You can choose a lawyer or law firm to do this for you, but if you don’t, make sure you ask a lawyer’s advice about your executor choice and provide them with a complete list of all assets, all the passwords they’re going to need, and your detailed instructions.

Reach out to us at Elville and Associates in Columbia, MD now for help with your estate. We serve clients in Rockville and Annapolis. 

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