Families have disagreements. It’s a fact of life. But when a loved one dies, old wounds can reopen and new conflicts can arise. If you don’t plan for these possibilities, you could leave your family with more heartache. Creating an estate plan that addresses potential conflicts is a gift to yourself and your loved ones.
How family conflict affects estate matters – and vice versa
When someone passes away, the probate process and administration of the estate can become a nightmare if fights and disagreements erupt. Families can experience:
- Fighting over assets: Disputes about who gets what can lead to legal battles and broken relationships.
- Increased legal costs: When family members disagree, legal fees can skyrocket, draining the estate’s resources.
- Hurt feelings: Perceived unfairness in the distribution of assets can cause lasting emotional damage and resentment.
- Severed ties: Disputes can lead to family members cutting off contact with each other, sometimes permanently.
If there is already existing conflict between one or more beneficiaries or heirs, the probate process and estate administration can get even more contentious.
Accounting for conflict in your estate plan
The good news is that you can take steps to minimize the risk of family conflict when creating your estate plan. Some ways to do this include:
- Creating an estate plan in the first place to provide clear guidance
- Making your decisions explicit and avoiding ambiguous language
- Avoiding inflammatory statements or decisions that may cause emotional upheaval
- Appointing trusted, competent and reasonable parties to decision-making roles
By being proactive and thoughtful, you make it much easier for others to respect and carry out your wishes more peacefully. Failing to create an estate plan or leaving confusing or vague instructions can set the stage for a painful, upsetting and expensive probate process that your grieving loved ones will need to navigate.
Keep your plan current
Relationships change over time. It’s essential to revisit your estate plan regularly and make adjustments as needed. If a relationship has improved or deteriorated, update your plan to reflect those changes. Doing so ensures your plan continues to reflect your wishes and minimizes the risk of future conflict.