Nine Ways Your Estate Plan Could Breed Conflict
Friction between family members can escalate during a scorching summer heatwave. Likewise, a flawed estate plan has the potential to breed conflict, mistrust, and financial turmoil among your beneficiaries in several ways.
- Lack of a plan. If you fail to create an estate plan altogether, it can lead to significant disputes and confusion among your family members. Without clear instructions, loved ones could argue over what your intentions were, and state laws will dictate the distribution of your accounts and property in a manner that could be inconsistent with your wishes. This can result in some individuals feeling left out or receiving less than they anticipated.
- Vague or generic plan. If your estate plan lacks specificity or fails to address important questions, it can open the door for interpretation and disagreement among your beneficiaries. Detailed instructions and provisions in the plan can help prevent disputes and provide clarity as to how you prefer different situations to be handled. Without clear instructions, disputes may arise regarding how money and property is to be divided, guardianship of minor children, or your intentions. This uncertainty can lead to protracted legal battles, strained relationships, and irreparable family rifts.
- Outdated plan. Circumstances change over time, and your estate plan may no longer align with your current wishes or family situation. For example, if a beneficiary named in the plan predeceases you, it is crucial to have contingencies in place. Financial institutions may also be hesitant to accept outdated estate planning documents such as a financial power of attorney. Regularly reviewing and updating your estate plan helps ensure its relevance and effectiveness. We suggest three to five years for a review, even if you don’t update your plans, at least you’ll be reminded of what is in them and confirm they still provide for your wants and wishes.
- Unequal treatment of beneficiaries. While you have the right to distribute your money and property as you see fit and in the manner you think best, treating beneficiaries unequally can create tension and hurt feelings among family members. Open communication and discussing the reasoning behind your decisions ahead of time can alleviate stress, help manage expectations, and minimize conflicts.
- Unclear wishes regarding care and decision-making. Apart from your money and property, your estate plan should also address your wishes for medical and financial decision-making if you become unable to make your own decisions. If you fail to provide clear instructions, it can lead to disagreements among family members who may have different opinions about your care. To prevent conflicts, it is important that you appoint reliable decision-makers and clearly communicate your wishes.
- Conflicting decision-makers. Conflicts may arise when multiple individuals, such as children, are given priority to serve as decision-makers. Each person may have different philosophies or opinions about your care, leading to disagreements and potential disputes. It is crucial to consider these dynamics and select decision-makers who can work together harmoniously.
- Unexpected tax consequences. Inadequate estate planning can lead to significant tax liabilities that may deplete the wealth you intended to pass on to your loved ones or favorite organizations. By leveraging effective tax planning strategies such as trusts or gifting, you can potentially minimize estate taxes and maximize the financial legacy you leave behind.
- Business succession issues. If you own a family business, a lack of succession planning can be particularly detrimental. Without a well-defined plan, conflicts may arise regarding leadership, ownership, and the future direction of the business. This can jeopardize the continuity of the enterprise and strain relationships among family members involved in the business.
- Emotional toll on loved ones. A poorly crafted or outdated estate plan can place an immense emotional burden on your loved ones during an already challenging time. Without clear guidance, your family members may be left guessing your wishes, resulting in anxiety, resentment, and fractured familial bonds. By proactively addressing potential conflicts in your estate plan, you can alleviate the emotional strain on your beneficiaries and foster a sense of unity.
To mitigate these potential conflicts, it is advisable to consult with one of our experienced estate planning attorneys to create a comprehensive and up-to-date plan. Regularly reviewing and updating the plan as circumstances change can help ensure that your intentions are clearly communicated, reducing the likelihood of conflicts among your loved ones, and protecting your legacy.
Earlier this year, Attorney Jason Wagner recorded a video addressing Avoiding Family Conflict in Estate Planning that you can watch now. He discusses several of the issues addressed in this article.
Interested in learning more? Contact us here. Subscribe to our YouTube channel, follow us on Facebook or sign up for our quarterly newsletter.
The risk of suffering a data breach has never been higher, especially for businesses in Foley, AL and Gulf Shores, AL. Small businesses are three times more likely than larger businesses to be targeted by cybercriminals. The costs of a cyberattack, both in terms of financial and reputational damage, can be devastating to small businesses. […]
You have spent years building your business in Foley, AL and Gulf Shores, AL, but at some point, the time will come for you to sell the company and exit. While many business owners choose to keep the company in the family, that is not always realistic. Family members may not have the interest or […]
Over time, your business can undergo significant changes. What may have started as a humble, one-person operation in Foley, AL can grow into a more complex company, with multiple owners, employees, an evolving mission statement, and increasing risks. As the scope and goals of your business shift, an accompanying change in business structure might be […]
Small business owners in Foley, AL and Gulf Shores, AL are no strangers to government regulations. There are many requirements that businesses must be aware of and comply with, including business license and permit rules. Most businesses must obtain licenses or permits, so it is important for each business to know which ones it needs. […]
