Are You Having a “Bad Heir” Day?

By Nancy R. Larson, Attorney

 

     A family fight over the estate of a loved one can devastate the closest of relationships.  Emotional issues intensify with the passing of a family member and can blindside otherwise rational people.

“While a parent is not obligated to provide for an adult child in his or her will or trust, it may create hurt feelings resulting in litigation”, says Belleville attorney, P.K. Johnson IV.  Sometimes family members fight and seek to invalidate all or part of a deceased person’s will or trust. 

A will or trust contest is usually instigated by a person whose expectations differed from the provisions of the will or trust.  Generally, for a will or trust to be successfully challenged, the person challenging the will or trust must show the deceased person lacked legal capacity upon signing the document, the deceased person was coerced or unduly influenced by someone else, or the legal formalities for creating the will or trust were not met. 

“Many squabbles that arise concern competency but lawyers in most instances do a good job of screening their clients”, says attorney Johnson.  The estate planning attorney’s job is to make sure that the plan for asset distribution in the will or trust is the clearly stated intention of the person and that legal formalities in drafting and executing the documents are in place.

To avoid a family feud after you are gone keep lines of communication open now.  Family conferences set a precedent for how to deal with things.

            The purpose of such meetings is to enable families to share with their heirs how they plan to direct the distribution of their assets at death, why they are doing it in this way, and who will be in charge of carrying out the plan.  A well organized plan is welcomed at a time full of change, surprise and grief.

            Family conferences also lay the foundation for passing on family lore and values. “The family should talk about issues before death.  There should be no surprises”, says Roger Relfe, President of the East Side Chapter of the National Associates of Insurance and Financial Advisors in Belleville, Illinois.  “If you are planning to leave a child or grandchild out of your will, it may create conflict and result in court costs and legal fees.”

As you form your estate plan, clearly define your goals.  Each person, each family is different.  Your estate planning documents should be tailored to meet your specific goals such as paying bills and taxes, cremation, burial, providing for your spouse, children, grandchildren, education, special needs, charities, naming guardians, trustees, providing for minor children, specific bequests, healthcare power of attorney, and so on.  If you do not make a plan, state laws will determine who gets your assets.

Even if you have completed your estate plan the plan should be reviewed at least every three to five years or whenever there is a major change in your situation or in related state or federal laws.

Do not wait for a “bad heir” day to get your affairs in order.