3 estate issues and how you can prevent them

On Behalf of | Jul 26, 2018 | Firm News

Because you love your family a great deal, you undoubtedly do not want to place them in a difficult position unnecessarily. However, if you do not create an estate plan or do not consider possible issues with your plan, you may end up leaving your family to deal with conflict after your death.

Fortunately, you can take the time to understand what may cause a fight over an estate and how you can work to lessen the chances of such issues affecting your estate. By learning more about your estate planning options, you may be able to build a comprehensive plan that leaves you feeling at ease.

Leaving no instruction

One of the biggest indicators that an estate fight may come about is that no one created a plan. When you leave no instructions for your surviving family to work with, your estate will have to follow North Carolina intestate laws for distributing your property and closing your estate. This type of process can be chaotic, and some family members may not agree with the manner in which the court distributes the property. As a result, conflict could come about.

Luckily, you can create an estate plan at any time, as long as you remain in a competent state of mind. By making your wishes known, your family may feel more comfortable with the manner in which the court handles affairs.

Disinheriting family members

You may have had a child or sibling with whom you had a falling out. As a result, you remained estranged throughout your life, and when considering your estate plan, you may have chosen not to leave that person a portion of your estate. While you certainly have the right to take such action, the disinherited individual may attempt to make a claim against the estate, arguing that he or she has a right to certain assets. In this case, make intentions and reasons as clear as possible.

Leaving one person in charge

Most people appoint a single executor to handle the affairs of the estate. Of course, some of your family members may not agree with your choice or feel that the executor has acted inappropriately. In hopes of preventing your family from fighting over this issue, you may want to speak with your loved ones ahead of time to explain your choice.

It may seem as if estate planning may simultaneously prevent and create issues, but with a thorough and well-executed plan, you may have the chance to lessen complications surrounding your estate.