Most estate plans pass through probate without too much trouble, and the estate division basically follows the directives the deceased laid out. Yet, some estates encounter difficulties in the form of challenges from those who believe the instructions they are being told the deceased left cannot be true.
Prevention can go a long way toward avoiding such issues. Here are three occasions when those making their estate plan may need to take extra caution due to a higher-than-usual possibility that someone will question the authenticity of their wishes.
Unexpected unequal division
Let’s say you have four adult children who are each expecting an equal share of your estate. You are not obliged to split things equally, but varying from an equal split could arouse suspicion amongst those who feel they lost out. They may believe that those benefit at their expense convinced you to divide assets unequally.
Unexpected beneficiaries
Perhaps your family lives far away, so they do not realize just how much the caregiver who visits you each day does for you. If you were to leave this nurse something in your will, it’s possible the family members may not understand your reasoning. They may think that the caregiver exploited your dependence to convince you to write her into your will.
If your health is fading
Having the mental capacity to make an estate plan or alter it at the time you do so is key to the plan holding up if questioned in court. If you do not get around to making a plan until you are already becoming a bit forgetful of names and faces, or alter it the week after a nasty car crash that leaves you with a brain injury, others who disagree with the estate plan might claim you lacked the necessary capacity to know what you were doing.
Communicating with your family about your estate planning choices, even if it’s uncomfortable, can let them know that they are indeed yours. Having experienced legal guidance while creating or modifying your estate plan can help you understand other steps that may be worth taking to reduce the chance of a challenge to your estate plan later.