Sadly, family disputes over inheritance are a common occurrence. As a probate liquidator, I’ve watched countless feuds erupt in courtrooms over personal belongings and valuable assets. One thing is certain. Death can unite or separate families and separation often takes place when decedents usually do not take part in estate planning.
While estate planning cannot prevent family disputes over inheritance it can minimize the risk of heirs contesting the Will and ensure heirs receive intended inheritance gifts. The level of estate planning strategies required is dependent upon several factors including type and value of owned assets, the number of heirs, and state probate laws.
Every estate is necessary to undergo the probate process unless assets are protected by the trust. Trusts tend to be used when estate value exceeds $100,000. Some states exempt small estates from undergoing probate so long as a legitimate Will has become executed.
Executing a testament is important since it provides estate settlement directives, including how property must be distributed. Wills can also be crucial when you have minor children since they appoint legal guardianship. Other important directives range from burial preferences, charitable gifts and donations, and disinheritance of heirs.
While a lot of people don’t need to disinherit loved ones, if there is a desire for this the sole legal strategy is to feature a disinheritance clause. It is strongly recommended to consult using a lawyer to determine the appropriate manner for disinheriting heirs. Some states allow decedents to entirely write somebody out of your Will, while some require a minimal gift of one dollar.
Individuals who will be concerned that heirs might contest the Will can insert a no-contest clause. This action declares that heirs who contest the Will relinquish rights to the estate assets. No-contest clauses could be a good preventative measure to … Read more ...