Making sure that your assets get into the hands of your loved ones after your passing is going to be your priority when you are planning your legacy. And without question you are free to do whatever it is that you choose to do in this regard, but at the same time it is a good idea to do what you can to “keep the peace” as it were among your family members. There are very big reasons why you may want to think this way, and there are some lesser ones as well that are still something to keep in mind.
First and foremost, you probably want to avoid decisions that are going to invite challenges to your will if you are in fact using a will to transfer your assets. Making a statement through disinheriting someone is a personal decision and no one can tell you that you are wrong for doing so.
Yet, it is wise to consider the fallout from such a decision and ask yourself if it is really worth it. A reasonably legitimate will challenge can result in your estate winding up in probate for an extended period of time, so even if the challenge is denied people that you want to leave inheritances to will have to wait until the matter has been resolved.
In addition, you can avoid conflicts among family members by executing advance health care directives such as a living will and durable medical power of attorney. If you were to fall into an irreversible terminal condition and be unable to communicate your wishes with regard to being kept alive on life support, your family members could disagree about the correct course of action.
But if you simply state them loud and clear in a living will there can be no assumptions made that cause acrimony among your loved ones. And when you choose someone to make decisions in your behalf with a durable medical power of attorney other family members know with full certainty who the decision-maker should be.
To explore all the details that can sometimes present problems, simply get in touch with an experienced estate planning attorney to arrange for an informative consultation.
Alan Augulis, Estate Planning Attorney
Latest posts by Alan Augulis, Estate Planning Attorney (see all)
- Trust Administration 101 for the First-Time Trustee - August 23, 2018
- Do I Need a Medicaid Planning Attorney? - June 11, 2018
- Can an Incapacity Planning Attorney Help Me Plan for the Possibility of Alzheimer’s? - May 1, 2018
