There are many circumstances that make estate planning more complex than usual. Whether it’s due to extensive amounts of property, multiple heirs or an unusual request regarding the distribution of assets, having estate attorneys guiding clients through the legal process of leaving an inheritance can stop any disputes before they even start.
Many estate attorneys will give their clients some very practical advice, and the following outlines the information that is considered to be the most important.
Hire Estate Attorneys Now To Avoid Litigation Lawyers Later
One of the most common causes of disputes over Wills and Trusts that prompt beneficiaries to hire a litigation lawyer is the notion they have been treated unfairly when it comes to their share of an inheritance. A professionally drafted Will or Trust can legally protect deceased final wishes, with the exception that some Wills can be contested in the courts. How Having an Estate Plan Helps Avoid Conflict Among Heirs is the major point to consider.
This is why it is especially important to hire an experienced professional who is specialized in elder law to draft any documents pertaining to inheritances.
Having a clause in a Will or Trust that specifies that heirs are to divide the assets amongst themselves can be another cause for courtroom showdowns. Even if it was the intention of the testator to avoid perpetuating the idea of favoritism by leaving specific possessions to certain beneficiaries, this tactic is known to cause more grief than good.
Avoiding Conflicts Of Interest
One rule to follow is to hire separate attorneys for each individual included in the planning process. This is the easiest way to avoid accusations that the lawyer may be favoring one person over others. While it may sound great in theory to have a group estate attorney that works on behalf of an entire family or set of beneficiaries, the fact is, it can lead to a whole new set of problems. Investing in a private estate attorney right away can limit the need for litigation lawyers down the road. Avoiding Estate Litigation can cause tensions in pre-existed family members.
In addition to retaining private counsel, clients should also consider hiring an executor outside of the family or group that will be inheriting property. Designating an heir to be the sole executor can quickly become a conflict of interest. View this link to know the importance of estate planning.
Any charges of abuse of power can quickly be dismissed when the executor has no personal stake in their position.