Some families get along well. They gather during holidays, share stories, and enjoy each other's company. Then, the family leader dies. Suddenly, old wounds resurface. The once-happy family now fights over money and property in court.
Why Every Family Needs an Estate Plan
Peace Today Doesn't Guarantee Peace Tomorrow
When everyone is alive and happy, things seem stable. Many believe estate planning isn't needed because everyone is fair and kind. But without a plan, your family may end up in court. Confusion about your true wishes can cause conflict and hurt feelings. A probate judge—not your family—could decide who gets what. A Weak Estate Plan Can Hurt Just as Much
Outdated or Vague Documents Create Problems
Bad planning can be as harmful as no planning. Unclear documents lead to misunderstandings or legal challenges. Even with a trust, poor drafting can force your loved ones into court. A trust contest defeats the purpose of having a trust in the first place.
How a No-Contest Clause Can Help
What It Does
Some states allow a no-contest clause in a will or trust. This clause says that if someone challenges your plan and loses, they get nothing. It discourages family members from causing legal trouble after your death.
Use It Carefully
No-contest clauses only work for people you've named in your plan. To disinherit someone, consider leaving a small gift and including the clause. That way, they risk losing that gift if they contest your wishes.
You must work with an experienced estate planning attorney. Laws vary by state, and a poorly used clause can backfire.
You Can Protect Inheritances Without Cutting People Out
Don't Like Someone's Spending Habits? Use a Trust
You don't have to disinherit someone to protect your assets. A discretionary trust lets a trustee control distributions to that person. This protects the money from creditors, poor decisions, or waste.
Set Milestones or Ages for Distribution
You can structure a trust to release funds over time. Give money at specific ages or after reaching life milestones. You don't have to hand over everything at once.
Estate Planning Helps Prevent Family Fights
Contests drain time, money, and emotions. A solid estate plan can help your family avoid court battles. We can help you create a clear, legal plan that protects your wishes. Call us today to schedule your estate planning appointment.