How to Minimize Inheritance Fights Between Relatives

The last thing you want as a legacy is a fight over your property and assets. Sadly, even amid grief, relatives and beneficiaries can quickly become bitter enemies regarding money and inheritances.

Fortunately, there are things you can do to prevent this from happening. Rather than fight about who gets what, you can peacefully and quickly resolve inheritance disputes.

Here are a few tips on minimizing inheritance fights between family members.

Prepare a Will and Update it Regularly

This may sound like common sense. However, you’d be surprised how many family fights ensue when a relative passes away without a will. Creating a will is one of the best ways to avoid family conflict in the face of grief. It’s also a great way to assess what assets you may leave to your loved ones.

There are several things you want to include in your will. This includes:

• A comprehensive list of what your heirs inherit (i.e., real estate, personal property, etc.)
• The name of the person you want to serve as legal guardian for your minor children
• If applicable, a statement indicating that you wish to disinherit a specific relative
• Whether you want to donate a portion (or all) of your estate to charity

Given how complex these documents can be, having an estate planning attorney help with your will is a good idea.

Even if you don’t have a lot of assets (or heirs), you may need something a bit more sophisticated to help your family. For example, there are ways to care for a child with special needs in your estate plan, but it's a good idea to get guidance when doing so.

You can draft your will without the help of an attorney. Ensure the document clearly states how you want the executor of your estate to distribute your assets. This will lessen the chance of family disputes and could reduce the likelihood an heir has grounds to contest your will.

Consequences of Not Leaving a Will When You Pass Away

Many people avoid preparing for a will for their entire lives. Facing your own mortality can be difficult. Or you may assume your spouse or children will divide your assets and family heirlooms amicably. Unfortunately, this isn't always the case, particularly when the decedent has multiple spouses, children, and grandchildren.

Not only is there a chance your heirs, including your adult children, will fight about the distribution of assets, but you may also create legal issues. If there is no legal document indicating how your family shall divide your assets, the courts will have no choice but to strictly apply state intestacy laws.

Have a Family Meeting About End-of-Life Issues

For people with relatively stable family dynamics, it’s normal to meet with your loved ones about what to expect when you pass on. This may sound morbid, but it’s something you have to do. Nor does it have to be difficult or contentious.

The last thing you want to do is shock your relatives by cutting them out of the will or by donating your entire estate to the local animal sanctuary without warning. It’s always better to prepare them for what will happen when you die.

By doing this, you can help your family avoid estate battles and lessen the chances of sibling rivalry getting in the way of your family properly grieving your death.

Tell a few relatives about what your will entails. For example, if you created an irrevocable trust for your grandchildren’s education, let their parents know. You should also make sure the person you list as executor of your estate knows about any life insurance policies you have.

Some of the things you should discuss with your family regarding your estate include the following:

• Whether you have included a revocable trust (or living trust) in your will
• Beneficiary designations (a list of who gets what)
• Where you maintain bank accounts, so they know to include the money in these accounts in your estate
• The future of your family business (if applicable)
• Whether stepchildren will inherit the same amount as biological children

Generally, you want to talk to those close to you about any family inheritance. This way, nobody is surprised when it comes time to read the will.

Include a No-Contest Clause in Your Will

One way to avoid the breakdown of family relationships after you die is to include a “no-contest clause” in your will. These clauses essentially prohibit anyone from challenging the contents of your will.

You may wonder why someone would challenge your will. There are several reasons why this may happen, including:

• An heir (or disinherited person) argues that they should receive a share of your estate
• Your loved ones believe you wrote and signed the will as a result of undue influence or coercion
• Someone claims that there is a newer will that makes the contested will invalid
• A loved one or heir argues that the will is fraudulent or that someone forged the will

As helpful as a no-contest clause may be, they don’t all hold up in court. It’s best to consult an experienced estate lawyer to ensure that the terms of your will stand up.

Don’t Wait Too Long to Draft Your Will

There is no time like the present to create a will. If you don’t think you need an attorney to handle your final affairs, that’s okay. You can draft a will from home using FindLaw Legal Forms & Services.

Of course, if you have significant assets, it’s wise to seek legal advice before creating your will and other estate planning documents, such as a power of attorney, health care directive, and living will. This will help reduce the possibility of disputes arising amongst your loved ones once you are gone.

Related Resources:

• 3 Important Legal Tips for the Executor of a Family Estate (FindLaw's Law and Daily Life)
• Find an Estate Planning Lawyer Near You (FindLaw's Directory)
• 10 Common Mistakes When Drafting a Will (FindLaw's Law and Daily Life)