Handling Family Disputes When Estate Planning
Estate planning is of critical importance when trying to secure your legacy and ensure that your loved ones are cared for after you pass away. However, estate plans can lead to disputes in the family, even when they have been carefully thought out. Below, our Utah estate planning lawyer explains how to avoid disputes when creating your plan.
The Importance of Open Communication
A lack of communication is one of the main causes of family disputes during estate planning. Informing your family about your decisions can help avoid misunderstandings and reduce the potential for conflict. Some of the best tips for communicating effectively are as follows:
- Hold regular family meetings: Holding regular family meetings gives everyone in the family a chance to express their thoughts and concerns, and it creates a platform for understanding and transparency.
- Document your choices: Estate plans can very clearly outline your decisions, and there are a number of documents involved. Obtain copies of your documents and give them to beneficiaries. This can ensure that everyone knows your intentions and is on the same page.
- Explain your choices: If you have made decisions your family may think are controversial or unusual, it is important to explain your reasoning to your family. This can reduce any potential resentment and allow your family to understand your perspective.
Choose the Right Personal Representative
Choosing the right personal representative is critical when trying to limit family conflict. The personal representative will administer your estate with the oversight of the probate court and distribute your property according to your wishes. Some factors to consider when choosing a personal representative include:
- Neutrality: It is important to choose a personal representative who will remain fair and impartial, even if disputes arise.
- Organized: Your personal representative should have excellent organizational skills and be detail-oriented. They will be responsible for managing several matters related to your estate and will have to go through different legal procedures.
- Communication skills: The personal representative will have to communicate with your beneficiaries. The more effectively they can do this, the less chance there is of conflict arising.
Appoint a Professional Fiduciary
You are not required to appoint someone you know personally as your personal representative. You can choose to appoint a professional fiduciary, such as a trust company or bank. A professional fiduciary will administer your estate in an impartial manner and this is particularly beneficial when the dynamics within a family are contentious or complex. Appointing a professional fiduciary can help avoid disputes if members of the family feel they were treated unfairly.
Call Our Estate Planning Attorney in Utah Today
Family disputes in estate planning can become complex and they require a combination of careful planning, clear communication, and professional guidance. At AGS Law, our Utah estate planning attorney knows the solutions that can help avoid conflict within your family, will advise you of what these are, and make the planning process as easy as possible for you. Call us now at 801-477-6144 or contact us online to schedule a consultation and to learn more about how we can help with your case.
Source:
le.utah.gov/xcode/Title75/Chapter3/C75-3-P7_1800010118000101.pdf
