extended family

Some simple planning can help avoid the surging of emotions as families deal with an estate.

Rising emotions can often cause problems when administrating an estate plan but some practical advice is offered by St. Louis Public Radio in “Four things to know about estate planning that could help you avoid fights with your family.”

The advice includes:

  • Trusts avoid more fights than wills. Challenges to estate plans come in probate court. A trust does not have to go through the courts, but wills do. By having a trust, you can keep your estate plan out of the very place where fights can happen.
  • Guardianships and conservatorships are increasingly popular ways to avoid family feuds over elder care. However, it might be better to get advance directives before appointment of a guardian or conservator becomes necessary.
  • Many fights start because one child has been left in charge of administering an estate or trust. Those children left out might disagree with the designated child. A neutral, third-party trustee or executor is an option to consider, if you think your children might argue.
  • Regularly updating your estate plan is necessary to avoid fights. Your life circumstances and those of your family will change. If your estate plan does not take those changes into account, there can be trouble.

An estate planning attorney can help in setting up an estate plan that reduces the chances of conflict.

Reference: St. Louis Public Radio (May 19, 2016) “Four things to know about estate planning that could help you avoid fights with your family.”

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.