Avoiding the Divisive Nature of Probate for Your Family:

 

This guest post is from Regent Law 3L Fallon Forrestel:

 

          Unfortunately, administering wills and dividing up inheritances can result in tumultuous family relationships. Rather than coming together to grieve the loss of a loved one, brothers, sisters, uncles, aunts, stepchildren, and other relatives may find themselves at each other’s throats over an inheritance. This may be due to the stress of having a will probated and the tedious process of distributing an estate or it may be due to jealously, misunderstanding, and resentment about how property was divided. For example, a sibling might wonder why his brother received more than him and if this might translate to who was loved more by the decedent. At times, bitter feelings can lead someone to contest a will which may only worsen the situation as the beneficiaries are swept into the courtroom to defend their loved one’s testamentary intent.

           A few ways to make this process easier is through responsible estate planning and prioritizing what is truly important. If everyone began arranging their estate plan early in life and made adjustments every few years, then the expensive and long process of intestacy could be avoided. Additionally, the further in advance a person starts planning, the better they can set up their estate to pass efficiently after death. For example, they would have time to decide whether they would like to use non-probate alternatives to help move things along faster or if laying out their intention in a will is preferred. This would help alleviate stress placed on family members who are trying to grapple with a loss and maneuver the estate distribution process all at once.

           Prioritizing family and focusing on maintaining those relationships over everything else is another way to avoid damaging or even destroying relationships over inheritance. With this goal in mind, money is secondary. Although it would be nice to inherit a sum of money, a piece of property, or antique jewelry, these are all tangible things that do not last. Relationships are what truly matters, and family is the closest earthly relationship we have. During this life, the love and bond we share with family is invaluable and should be preserved at all costs, especially during a time of loss.