• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
logo

The Edwards Law Firm

Estate Planning For All Generations

  • phone-icon (904) 215-3550
  • phone icon (904) 672-7600
  • Schedule a Free Consultation
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
  • How We Can Help
    • Business Owners & Asset Protection
    • Estate and Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Incapacity & Caregiver Support
    • LGBTQ Estate Planning
    • Medicaid & Elder Law Planning
    • Pet Planning
    • Probate & Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Wills & Trusts
  • Elder Law
    • Are You A Caregiver?
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Docubank
    • Estate Planning Resources
      • Estate Planning Checkup
      • Definitions
      • Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Elder Law Reports
    • Frequently Asked Questions
      • LGBTQ Estate Planning Frequently Asked Questions
      • Incapacity Planning Frequently Asked Questions
      • Frequently Asked Estate Planning Questions
      • Trust Administration & Probate Frequently Asked Questions
    • Pre-Consultation Form
    • Special Needs Resources
    • Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
  • EVENTS
  • BLOG
  • Reviews
    • Review Us
  • Contact Us

One Big Happy Family: How to Avoid an Estate Dispute

December 30, 2010 by The Edwards Law Firm, P.A.

Compliments of Our Law Firm,
By: The American Academy of Estate Planning Attorneys

Picture this: at the end of your long, fulfilling life, surrounded by your extended, loving family, you say goodbye and peacefully leave this world. And then… your family declares war on each other. Suddenly, family members are unhappy with the contents of your estate plan, and old rifts between loved ones reopen, possibly never to heal. Where do the disagreements end? In litigation, where your estate is dissipated and everyone walks away unhappy. Unfortunately, this scenario is not as unlikely as it may seem. The news is full of stories of celebrity Will contests, like those involved in the recent Anna Nicole Smith, Gary Coleman, and Heath Ledger estates, not to mention the infamous Howard Hughes estate. Closer to home, you’ve probably heard about families in your own community that have been torn apart due to a disagreement over a loved one’s estate.

How do these disagreements arise, and more importantly, what can you do now to save your family the tragedy of a dispute over your estate after your death?

There are some factors that can increase the likelihood of family discord, including:

  • No estate plan in place
  • Second or later marriages, especially where there are multiple sets of children
  • Leaving a child out of an estate plan without explanation
  • Estate planning documents that are ambiguously worded
  • Family businesses with no clear succession plan
  • Incomplete or last minute estate planning
  • Existing hostilities among family members
  • Lack of communication with family to let them know your wishes

While there is no way to eliminate the possibility of a dispute over your estate, there are some steps you can take to reduce the likelihood of a conflict:

  • Don’t leave estate planning until the last minute.
  • Establish a pattern of updating your estate plan on a regular basis.
  • Keep the lines of communication open, so that your family knows what to expect from your estate plan.
  • If you have a family business, maintain a clear, workable succession plan.
  • To the extent possible, maintain good family relationships during your lifetime.

Possibly the most important step you can take to avoid a dispute is to engage the services of an experienced estate planning attorney. He or she can draft your documents so that they are not ambiguous and do not invite arguments.

If you are concerned about potential family conflict, your attorney can suggest a number of strategies for avoiding turmoil. For example, your attorney may suggest that you include an in terrorem (or “no contest”) clause in your estate plan that disinherits anyone who contests the document.

An experienced attorney can help you put together a plan that addresses all of your needs, while minimizing the risk of conflict among your loved ones after your death.

Primary Sidebar

Free Estate Planning Worksheet

There’s a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you’ll be one step closer to getting yourself and your family on the path to a secure and happy future.

FOLLOW US ONLINE

Footer

The Edward Law Firm

Jacksonville
3030 Hartley Road, Suite 210
Jacksonville, FL 32257
Phone: (904) 215-3550
Secondary phone: (904) 672-7600

ST. AUGUSTINE (By Appointment Only)

1750 Tree Boulevard, Suite 9
St. Augustine, FL 32084
Phone: (904) 824-1750

Map/Location

Jacksonville FL estate planning office
Map

Office Hours

Monday  8:30 AM – 5:00 PM

Tuesday  8:30 AM – 5:00 PM

Wednesday  8:30 AM – 5:00 PM

Thursday  8:30 AM – 5:00 PM

Friday  By Appointment Only

The information on this website is for general information purposes only. Nothing on this or associated
pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This
information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

  • Privacy Policy
  • | Disclaimer
  • | Site Map
  • |
  • Powered by American Academy of Estate Planning Attorneys
© 2023 The Edwards Law Firm. All Rights Reserved.