Strategies to Avoid Disputes Between Siblings

October 28, 2025

Inheritance disputes are among the most common causes of family conflict following the death of a parent. While parents may assure children during their lifetime that property will be divided evenly, the legally binding estate plan can tell a different story. This gap between promises and plans is at the heart of many sibling battles. There are strategies to avoid estate disputes between siblings.

Why Promises and Plans Diverge

Parents often express intentions informally, believing verbal assurances are enough. Yet without clear documentation, courts follow the written will, trust, or beneficiary designations. This can leave some siblings feeling betrayed when the estate plan doesn’t reflect the verbal promises made.

Confusion also arises when parents alter their estate plans late in life. A parent may gift a home, business, or financial asset to one child, sometimes without consulting the other children or the rest of the family. While these actions may be legally permissible, they can sow resentment among siblings who expected equal treatment.

Common Sources of Estate Disputes

Sibling disputes over inheritances often emerge from several recurring scenarios:

Unequal distribution of assets: One sibling inherits property or financial assets of greater value than others.
Unclear estate documents: Ambiguous or outdated wills can spark conflicting interpretations.
Blended families: Children from multiple marriages often have different expectations about inheritances.
Caregiver favoritism: A child who cares for a parent may be left more than siblings, leading to accusations of undue influence.

When these disputes escalate, they often result in costly litigation. Estate litigation can drain estate assets and deepen rifts between siblings.

The Legal Weight of Written Documents

Courts prioritize written estate documents over verbal statements. Even if a parent promised to divide assets evenly, what matters legally is the signed will or trust. Similarly, beneficiary designations on retirement accounts or insurance policies override the will. This reality often surprises families who believed verbal promises carried legal weight.

For example, a mother may assure both children that they will split her estate evenly. Later, however, she gifts a valuable piece of real estate to one of her children. If the property transfer was executed correctly, the other sibling may have no legal recourse. The sense of unfairness is real, but the law generally enforces the written transfer.

Preventing Sibling Conflicts Through Planning

Parents can take several steps to prevent estate disputes among their children:

Document Intentions Clearly:

Estate plans should leave no ambiguity. Wills and trusts must accurately reflect the parents’ true wishes, and updates should be made after major life events, such as remarriage, the birth of grandchildren, or significant asset purchases.

Communicate With Family:

Conversations about estate planning can be uncomfortable, but they reduce the chances of misunderstandings later. Parents should explain their decisions and the reasoning behind them, especially if one child will inherit differently.

Use Legal Safeguards:

Estate lawyers can help draft documents that withstand challenges. For instance, “no-contest” clauses discourage heirs from disputing the plan. Parents can also record their reasoning in writing to strengthen the validity of their choices.

The Role of an Estate Planning Lawyer

Estate planning lawyers play a key role in bridging the gap between family expectations and legal realities. They ensure estate documents are enforceable, anticipate areas of potential conflict, and advise on tools such as trusts to equalize distributions.

If your family is facing uncertainty or strained sibling relationships over inheritance promises, there are strategies to avoid estate disputes between siblings. Consulting an estate lawyer early can help preserve both financial assets and family bonds. If you would like to learn more about estate disputes, please visit our previous posts.

Reference: MSN (14 September 2025) “My parents promised to split their estate 50/50, but my mother gave my brother real estate. Is that fair?”

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Differences between Estate Administration and Trust Administration

October 20, 2025

When someone passes away, their property must be distributed according to legal procedures. Two of the most common mechanisms are estate administration and trust administration. Though the terms are sometimes used interchangeably, there are important differences between estate administration and trust administration. Understanding how each works helps families prepare for potential costs, delays and responsibilities.

What Is Estate Administration?

Estate administration refers to the court-supervised process of managing a deceased person’s assets, also known as probate. If there is a will, the court validates it and appoints an executor to carry out its instructions. Without a will, state intestacy laws dictate who inherits.

Estate administration typically involves:

Collecting and inventorying assets
Notifying creditors and paying debts
Filing tax returns
Distributing the remaining property to heirs

Because it is court-supervised, probate can be a lengthy and public process. In many states, the process can take anywhere from months to over a year, depending on the complexity of disputes or assets. Probate costs, such as filing fees and attorney expenses, also reduce the value of the estate.

What Is Trust Administration?

Trust administration occurs when a person creates a trust during their lifetime and funds it with assets. Upon the death of the original trustee, the successor trustee takes over to manage and distribute the trust property according to the terms outlined. Unlike probate, trust administration is usually handled privately without court oversight.

Trust administration typically requires the trustee to:

Notify beneficiaries and creditors
Manage trust investments and expenses
File tax returns for the trust
Distribute assets according to the trust’s terms

Because no court process is required, trust administration is often faster and more efficient. However, trustees carry significant fiduciary responsibilities and must act in the best interests of the beneficiaries, sometimes under scrutiny.

Key Differences Between the Two

The primary differences center on privacy, efficiency and costs.

Court Involvement: Estate administration requires probate court supervision; trust administration generally does not.
Timeline: Probate can be lengthy, while trust administration is typically quicker.
Privacy: Probate is public record, whereas trusts are private.
Costs: Probate can involve higher legal and court fees; trusts often reduce those expenses.

That said, trusts are not always cheaper overall. Creating and funding a trust during one’s lifetime has upfront costs, and trustees often hire attorneys or accountants to handle complex tasks.

When Both May Apply

Sometimes, both processes are necessary. If a person creates a trust but fails to transfer all assets into it before death, those leftover assets may still require probate. Likewise, disputes among beneficiaries can push even trust administration into court.

Why Legal Guidance Matters

Both estate and trust administration involve navigating legal duties, deadlines and potential conflicts. Misunderstanding the differences between estate administration and trust administration can be costly. Executors and trustees who mishandle their responsibilities may face liability from beneficiaries or creditors. An estate planning attorney helps families prepare documents that minimize the need for probate, ensure trusts are properly funded and guide administrators through their obligations.

If your family is facing estate or trust administration, consulting an attorney can save time, reduce costs and protect you from legal missteps. If you would like to learn more about estate and trust administration, please visit our previous posts.

Reference: Justia (October 2024) “Trust Administration Law”

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Your Time to File for Probate Is Limited

October 16, 2025

When someone dies, their estate must be settled according to state probate laws. Probate is the legal process of validating the will, paying debts and distributing assets. While some estates qualify for simplified procedures, many must pass through formal probate, which involves courts and strict timelines. Your time to file for Probate is limited.

Every state sets deadlines for when probate must begin, often ranging from a few months to a year after death. Missing these deadlines can complicate estate administration, leading to penalties, delayed distributions, or even lawsuits among heirs.

Filing Requirements Vary by State

Probate rules are not uniform. Some states require filing within 30 days of death, while others allow several months. Deadlines also depend on whether the estate is small, whether a valid will exists, or whether someone contests the estate. For example, some states permit informal probate for estates under a certain dollar threshold, while others require a complete process regardless of the estate’s size.

Even when the court allows more time, creditors and beneficiaries may push for prompt action. Early filing reduces risks of disputes and preserves estate value.

Why Families Delay Filing Probate

Families often delay probate for emotional reasons. Grief, confusion about the process, or strained relationships among heirs can cause hesitation. Sometimes families assume that because they agree on distribution, probate is unnecessary. Failing to follow legal steps can invalidate asset transfers and expose heirs to potential liability.

Other times, families don’t realize the clock is ticking. Without timely filing, creditors may pursue claims directly, or heirs may face costly court battles in the future.

What Happens if You Miss the Deadline?

Missing a probate deadline can create serious complications:

Beneficiaries may lose rights to certain assets if claims expire.
Creditors may have longer windows to pursue unpaid debts.
Courts may impose additional oversight, requiring more hearings and paperwork.
Heirs may become personally liable if they use estate assets before resolving creditor claims.

In rare cases, failing to file within the statutory time can prevent probate altogether, leaving assets stuck without a clear path to transfer.

Preparing Before Filing Probate

While deadlines are strict, families should prepare carefully before filing. This includes:

Gathering the death certificate, will and estate documents
Identifying all assets and liabilities
Reviewing state rules for exemptions, such as small estate affidavits
Consulting an attorney to determine whether the estate qualifies for simplified probate

Being organized before filing not only ensures compliance but also prevents costly mistakes once proceedings begin.

The Role of Probate Attorneys

Probate attorneys guide families through filing deadlines, paperwork and hearings. They help identify which deadlines apply, prepare petitions and ensure that creditors and beneficiaries are properly notified. Attorneys also protect executors from liability by ensuring that debts and taxes are settled before distributing assets.

For complex estates or when heirs disagree, having a lawyer is crucial. An attorney can keep the process on track and avoid missed deadlines that might otherwise derail the estate’s settlement.

Your time to file for Probate is limited. If you have recently lost a loved one, it is critical to act quickly. Contacting a probate lawyer ensures that deadlines are met and the estate is handled in compliance with state law. If you would like to learn more about probate, please visit our previous posts.

Reference: NerdWallet (Aug. 17, 2025) “How Long Do You Have to File for Probate After a Person Dies?”

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Your Collection Needs to Be Part of Your Estate Plan

October 2, 2025

Your collection needs to be part of your estate plan. No matter how much you love your collection of Star Wars memorabilia, your executor could pack it up and take it to a donation center unless you make it part of your estate plan. In the article “That baseball card collection? You need an estate plan for it,” USA Today explains what to do to ensure your collection doesn’t vanish soon after your death.

If you don’t have a will, don’t expect your collection to outlast you. Here’s what you need to do to protect your collection:

Document the collection. It doesn’t matter if your collection has sentimental or financial value. Make a detailed record of what you have and what it might be worth. Use a cell phone camera and a spreadsheet or a file folder. Include a description of everything in the collection, how you obtained it, why you believe it’s valuable, what you paid for it, including receipts and what it might be worth today. If you can’t manage a spreadsheet, then take photos or a video.

While you’re documenting your collection, it’s a good time to take videos of every room in the house. If there’s a disaster, you’ll have a record of everything in your home to show the insurance company.

If your collection is of any monetary value, you’ll need to be sure it’s insured. Don’t make the mistake of thinking homeowners’ insurance will cover it. These policies vary widely and may not include your collection. You may want to take out a valuable items policy to cover jewelry, musical instruments and other kinds of collections. Before issuing the additional coverage, the insurance company may ask you to document your collection, and have it appraised.

A professional appraisal could get expensive. However, if you own high-value artwork or if your collection is more than two boxes of Beanie Babies, having the collection appraised will help with insurance coverage. An appraisal will also help with estate planning.

To avoid your collection ending up in a donations bin, take the time to educate your heirs about your collection and its value. Tell them where you keep it, what it’s worth and where to find documentation about its value and provenance. If they aren’t interested in keeping it, then you can either find a dealer or auction house to take it while you are living or give your heirs information about where they should sell it.

Depending on the value of your collection, you may want to secure it by including it in a trust. Trusts allow you to give very specific directions on where the collection should go. You might want to give half of your wine cellar to one kid and the other half to a niece, for instance. The important thing is to include your collection and any personal property with sentimental value in your estate plan, so your heirs are clear about your intentions.

Your collection needs to be part of your estate plan. An estate planning attorney can help you create an estate plan, including your collectables and various personal items, to make sure your wishes are known and followed. Families fight over the most minor details when grieving. You can prevent any squabbles by creating an estate plan with clear directions, which is a gift in and of itself to your loved ones. If you would like to learn more about adding personal items or property to your estate plan safely, please visit our previous posts.

Reference: USA Today (Sep. 6, 2025) “That baseball card collection? You need an estate plan for it”

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When Your First Choice of Trustee Declines

September 22, 2025

Even the most trusted family member or friend may decline to serve as trustee. The role can be demanding, involving complex legal responsibilities, financial oversight and ongoing reporting obligations. Some individuals may lack confidence in managing investments or navigating government benefits for people with special needs. Others may be concerned about the time commitment or potential conflicts with other beneficiaries. It can be a challenge when your first choice of trustee declines.

Understanding the reasons for a refusal can help you adjust your approach. Sometimes the concern is about specific duties, which may be alleviated by offering professional assistance or co-trustee arrangements. In other cases, it may be a firm decision based on personal capacity or life circumstances.

Alternatives to Your First Choice

If your chosen trustee declines, you have several paths forward. A successor trustee named in the trust document can step in without disrupting the trust’s administration. If no individual successor is available or suitable, a professional trustee, such as a bank trust department, law firm, or nonprofit specializing in special needs trusts, can assume the role.

These professionals bring expertise in managing assets, complying with special needs rules and safeguarding eligibility for government benefits. While they charge fees, the tradeoff is often greater consistency, neutrality and adherence to complex legal requirements.

Preparing a Strong Backup Plan

Naming multiple successor trustees in the trust document reduces uncertainty if someone declines or becomes unable to serve. You can also consider appointing co-trustees, pairing a trusted family member with a professional trustee to combine personal knowledge of the beneficiary’s needs with technical expertise.

Another strategy is creating a detailed letter of intent to guide any trustee who assumes the role. This document should outline the beneficiary’s preferences, daily routines, medical needs and long-term goals. While not legally binding, it helps preserve your vision for the trust even if the trustee changes.

Experienced Third-Party Trustees

If you’re setting up or revising a special needs trust, an elder lawyer with experience in this area can help. They can work with you to identify suitable trustee candidates, draft backup provisions, or their firm can even manage the trust. Consult closely with your estate planning attorney to ensure you a have a plan in place when your first choice of trustee declines. If you would like to learn more about the role of the trustee, please visit our previous posts.

Reference: The Washington Post (Nov. 29, 2024) “Asking Eric: Friend doesn’t want to manage my disabled son’s finances when I’m gone”

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Preparing for Funeral Costs

June 25, 2025

Funerals are often among the most significant unexpected expenses a family faces after the loss of a loved one. While discussions about end-of-life arrangements are rarely easy, preparing for funeral costs in advance offers peace of mind and protects family members from making rushed financial decisions during a time of grief and emotional distress.

The average cost of a traditional funeral today ranges between $7,000 and $12,000. This includes the basic service fee, casket, embalming, transportation, and use of a funeral home for viewing or ceremony. If burial is chosen, additional costs, such as a cemetery plot, headstone, and burial vault, may apply. Cremation can be less expensive, but the cost still varies widely depending on the services selected.

With so many variables—and with costs rising year after year—understanding funeral expenses and incorporating them into your estate plan is a practical and compassionate step.

What Makes Up Funeral Costs?

Funeral costs can be categorized into two main areas: services provided by the funeral home and third-party expenses. Funeral home services often include preparation of the body, coordination of ceremonies, securing permits, and filing death certificates.

Third-party expenses may include:

Cemetery plot or cremation
Headstone or grave marker
Officiant or clergy fees
Newspaper obituary
Flowers or printed materials

These costs can add up quickly, particularly if the family chooses to hold multiple services or make last-minute decisions. Many grieving families feel pressure to select the “best” options without fully understanding the associated financial impact.

Payment Options and Planning Tools

Families without a plan in place often scramble to cover funeral expenses, sometimes relying on credit cards, personal loans, or crowdfunding. By contrast, those who prepare in advance may use:

Final expense insurance or a life insurance policy
Payable-on-death (POD) accounts designated for funeral costs
Prepaid funeral plans through a funeral home
Specific provisions in a will or trust to allocate funds

Each method has its pros and cons. For example, prepaid funeral plans may offer cost guarantees but lack flexibility if your preferences change or if you move. Life insurance provides broader flexibility but may take time to access after death.

Working with an estate planning or probate attorney can help you coordinate these tools, ensure that funds are available and confirm that your wishes are clearly documented and legally enforceable.

Communicating Your Funeral Wishes

Many people assume their family “just knows” what they want. However, even close relatives may disagree or misremember details. Putting your wishes in writing helps eliminate confusion and conflict.

This can be done through a letter of instruction, an advance directive, or a section within your estate planning documents. Topics to consider include:

Burial vs. cremation
Religious or cultural preferences
Type of ceremony or service
Preferred funeral home or cemetery
Special readings, music, or attendees

Providing this information relieves loved ones from having to guess—and allows them to focus on honoring your memory.

Work with a Probate Attorney for Funeral Planning Guidance

A well-prepared estate plan addresses both financial and personal aspects of end-of-life planning. Beyond funeral instructions, it may include powers of attorney, advance healthcare directives and plans for long-term care.

Probate attorneys help families navigate the legal steps after a death. However, advanced planning ensures that the process starts with clarity rather than confusion. A clear, well-organized estate plan—including preparing for funeral costs—can reduce stress, protect family relationships and honor your values. If you would like to learn more about funeral planning, please visit our previous posts.

Reference: AARP (Dec. 1, 2021) “8 Tips for Funeral Planning”

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Help Your Executor Fulfill Your Wishes

June 23, 2025

Taking on the responsibility of being an executor is a big job that doesn’t come with instructions. When you pass away, the executor is the person who oversees your estate. It’s usually a trusted family member, says a recent article from Kiplinger, “Simple Ways to Make Your Executor’s Job Less of a Pain.” Here are some ways to help your executor fulfill your wishes.

The term “executor” is used to denote the person approved by the court as part of the probate process to distribute assets, while “administrator” is the term used if the person died without a will and the court named a person to manage their estate.

Regardless of the term used, the role of the executor is a serious one. One study reports that the average executor devotes more than 570 hours of work over 18 months, from start to finish.

If the goal is to avoid or minimize probate, an estate planning attorney can help place many assets outside of the probate estate. This is done using trusts and changing accounts to “Pay on Death” or “Transfer on Death.” Make sure to fund a trust once it’s established, or the assets owned by the trust will revert to the estate. You should also be cautious when retitling accounts to avoid inadvertently disinheriting loved ones. If all your cash is in one account and you want it to go to multiple heirs, but you name one person to receive it upon your death, there is no legal requirement for them to share the wealth.

When your executor takes the reins, they’ll need to have some cash to pay for more than a few costs: final year of income tax, medical bills, credit card debt and estate taxes. If you are leaving real estate, will there be cash for the executor to pay for the home’s upkeep?

If all your assets are passed on to others without any left for the estate, they will have to deal with an insolvent estate. Heirs may also find themselves being chased for payments by creditors, who have the right to come after anyone receiving decedent assets for payment of an estate’s debt.

How can you be sure there will be cash to pay for estate debts? One way is to get heirs to agree to pay estate debts in proportion to their inheritance. This can be particularly challenging for families, especially when financial hardships or family disputes are present.

An estate planning attorney can help create an estate plan that protects your assets from probate, while ensuring that there are sufficient funds for the executor to pay debts.

One big way you can help your executor fulfill your wishes is to create and maintain a list of all your assets and debts. With so many of our accounts now online, there are few paper trails to follow. Bank statements, brokerage accounts, credit card bills, mortgage statements, insurance policy payments, etc., are all more likely to be online than in the mail. One suggestion is to create a separate email account for all your financial matters and share it with the person who will be your executor.

Having all these tasks done admittedly takes time. However, it will spare your executor and heirs a great deal of stress, save them time, and let them focus on celebrating your life, not gritting their teeth because there’s so much work to be done. If you would like to learn more about the role of the executor, please visit our previous posts.

Reference: Kiplinger (May 30, 2025) “Simple Ways to Make Your Executor’s Job Less of a Pain.”

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Tell Designated Representative Where to Access Your Estate Planning Documents

April 15, 2025

Estate planning ensures that your assets, medical decisions and financial affairs are handled according to your wishes. Those plans can only be carried out if your designated representative—whether an executor, trustee, or power of attorney—knows where to access critical documents. If estate planning materials are lost, misplaced, or inaccessible, it can create confusion, legal delays and unnecessary stress for your loved ones. Taking the time to securely store your plan and tell your designated representative where to access your estate planning documents ensures that your estate plan functions as intended when the time comes.

Why Document Accessibility Matters

Many families assume that having a will or trust in place is enough. However, if those documents cannot be located, probate courts may default to intestacy laws, meaning assets could be distributed in a way that contradicts your wishes. Similarly, if a healthcare proxy or financial power of attorney cannot be found in an emergency, your designated representative may be unable to make urgent decisions on your behalf.

Common problems arise when:

Family members are unaware that estate planning documents exist
Digital copies are stored without providing access credentials
The original signed documents are locked away in a place no one can reach
The wrong version of a will or trust is used because outdated copies were not replaced

Avoiding these pitfalls requires proactive planning and clear communication with the individuals responsible for managing your estate.

Where to Store Estate Planning Documents

Estate planning documents should be secure yet accessible to those who will need them. Some of the best storage options include:

A fireproof and waterproof home safe – Provides security while allowing easy access for trusted individuals
A safe deposit box at a bank – Offers high security but may require legal documentation to access after death
With an estate planning attorney – Ensures documents are professionally stored and available when needed
Secure digital storage – Online vaults or encrypted cloud storage can provide a backup. However, access credentials must be shared

The chosen storage location should be clearly communicated to the executor, trustee, or agent named in your estate plan to prevent any complications.

Documents to Keep Readily Available

While some documents, such as property deeds or financial statements, may not require immediate access, others are time-sensitive and should be readily retrievable. Key estate planning documents include:

Last Will and Testament – Guides asset distribution and executor responsibilities
Revocable or Irrevocable Trust Documents – Directs how assets in a trust are managed and distributed
Power of Attorney Forms – Authorizes financial decisions in case of incapacity
Healthcare Proxy or Medical Power of Attorney – Grants decision-making authority for medical care
Advance Directives (Living Will) – Outlines medical treatment preferences
Insurance Policies and Beneficiary Designations – Ensures quick access to life insurance claims
Funeral and Burial Instructions – Prevents family disputes and provides clarity on end-of-life wishes

Providing copies or access to these documents ensures that designated representatives can act swiftly when needed.

How to Inform Your Designated Representative

Choosing someone to manage your estate and medical decisions is a crucial part of estate planning. However, they must be properly informed about their role. Have a conversation to discuss:

The responsibilities and expectations of their position
Where estate planning documents are stored
Who else should be involved in financial or medical decisions
The process for updating or modifying documents in the future

If digital records are used, ensure that you share any necessary login credentials or security codes to prevent access issues. Many people choose to provide their attorney or executor with copies of their estate documents, ensuring that the most up-to-date versions are readily available. Telling your designated representative where to access your estate planning documents will give you and your loved ones the peace of mind knowing that your planning will be addressed properly. If you would like to learn more about the role of the executor, or trustee, please visit our previous posts.

Reference: Charles Schwab (Jan. 21, 2025) “How to Store Estate Planning Documents”

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How Does a No-Contest Clause Protect Your Will?

April 8, 2025

In a perfect world, you create your will with the guidance of an experienced estate planning attorney, your heirs inherit their legacy and everyone lives happily ever after. In the real world, however, it doesn’t always work out that way. Every year, families scrap over inheritances, says a recent article from Market Watch, “Avoid drama with your will by adding this to your estate plan.” What can you do? Consult with your estate planning attorney about the possibility of including a no-contest clause in your estate plan. How does a no-contest clause protect your will?

This can deter heirs from challenging your will by creating a no-win situation if they challenge the will in court. When a no-contest clause is included in the will, the beneficiary risks losing their entire inheritance.

The goal is to avoid challenges resulting from an emotional response to grief, which is not unusual, or a long-standing family resentment emerging after the death of a parent. People who are quick to pursue litigation will think twice with a no-contest clause.

Is it possible your heirs might challenge your will? Even if the likelihood is low, it’s worth adding the clause. Estate litigation is lengthy, expensive and emotionally draining. Second marriages, economic disparities among siblings, or estranged offspring provide fertile grounds for will challenges. However, even happy families sometimes find themselves in court battles when large inheritances are at stake.

Another factor: seniors who live longer than expected may have heirs who thought they were receiving a substantial inheritance. When there’s a smaller inheritance, the surprise can lead to litigation. Unfortunately, the cost of estate litigation can significantly reduce the value of an inheritance, making it even smaller.

Warren Buffett’s advice to talk about your estate plan with your adult children is a straightforward and sound approach for most families. Offspring taken by surprise in a time of emotional turmoil are more likely to become contentious.

You don’t have to reveal every detail to your heirs. However, you can educate them about the contents of the will and the estate in general. Letting them know about the no-contest cause and your reasons for adding it may preempt strong reactions if they don’t learn about it until after you’ve passed, and they can’t get answers to their questions.

If the family is a blended one, someone is going to be left out entirely, or there are nuances, such as one person inheriting outright while another receives distribution through a trust over time, there’s the possibility of a challenge. If you plan to give assets to someone who isn’t a family member, like a charity or a close friend, the family may unite to challenge the will.

Work with an estate planning attorney to discuss how a no-contest clause can protect your will. A no-contest clause isn’t a guarantee there won’t be a challenge after you’ve died. However, it’s a simple thing to insert into your will and reduces the risk. If you would like to learn more about no-contest clauses, please visit our previous posts.

Reference: Market Watch (March 14, 2026) “Avoid drama with your will by adding this to your estate plan”

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A No-Contest Clause can Protect your Planning

February 10, 2025

While the number of wills being contested may sound small, this number doesn’t include the many wills not contested because of strategies used to discourage litigation. If your family includes people likely to battle over your estate plan, you’ll want to know about how a no-contest clause can protect your planning. A recent article from Think Advisor, “How to ‘Bulletproof’ a Will With a No-Contest Clause,” explains how to protect your wishes.

Tens of thousands of wills are impacted by contested wills yearly, and even the closest families can find themselves fighting over inheritances. One way to prevent this is with no-contest clauses, also known as the in-terrorem clauses, placed in wills and trusts to discourage heirs from voiding their claims to any part of the overall estate if they challenge the will in court proceedings.

Estate battle reasons vary, from sibling rivalry to intergenerational power struggles. The outcome of using a no-contest clause depends on state statutes, evolving case law and how much the warring parties can or want to invest in estate litigation.

Encouraging discussion between all stakeholders in advance of the passing of the parent or grandparent can give time for everyone to work through any disagreements before courts become involved. However, even with the best of intentions, clear communication doesn’t always resolve the issues.

Almost every jurisdiction has addressed whether or not no-contest clauses can be enforced, either by law or by case law. Vermont doesn’t have any laws about enforcement, and Indiana and Florida do not allow the use of no-contest clauses.

A no-contest clause is relatively simple. However, there are limitations to be aware of. No-contest clauses work only for named beneficiaries who have a claim in the will, and they must be given a sufficient interest under the will or trust for the no-contest clause to be useful. Someone who has been cut out of a will entirely has nothing to lose by taking family members to court for their perceived deserved inheritance, while someone who stands to inherit something, albeit a smaller amount than they would have wished, could lose everything if the no-contest clause is enforced.

Many estate litigation matters involve individuals who receive significant interests. However, feel they that did not receive what they see as unequal or non-controlling interests. In these cases, the enforcement may be relatively straightforward.

Challengers who file actions because they believe someone unduly influenced the testator can be problematic. Few people understand how undue influence works in a legal setting. Undue influence can be found when a person makes bad or unfair choices because of an alleged wrongdoer’s behavior towards them, causing the victim to placate the person. However, proving undue influence is not easy.

There are strategies to overcome no-contest clauses, so estate plans must be prepared with these in mind. In some instances, estate administration is challenged, including actions over improper investments, or raising interpretations of ambiguities.

An estate planning attorney with experience will show you how a no-contest clause can protect your planning and create an estate plan to stand up to challenges from dissatisfied family members or others who feel they have been treated unfairly. If you would like to learn more about no-contest clauses, please visit our previous posts.

Reference: Think Advisor (Jan. 16, 2025) “How to ‘Bulletproof’ a Will With a No-Contest Clause”

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Category: Letter of Instruction

Why Promises and Plans Diverge

Common Sources of Estate Disputes

The Legal Weight of Written Documents

Preventing Sibling Conflicts Through Planning

The Role of an Estate Planning Lawyer

What Is Estate Administration?

What Is Trust Administration?

Key Differences Between the Two

When Both May Apply

Why Legal Guidance Matters

Filing Requirements Vary by State

Why Families Delay Filing Probate

What Happens if You Miss the Deadline?

Preparing Before Filing Probate

The Role of Probate Attorneys

Alternatives to Your First Choice

Preparing a Strong Backup Plan

Experienced Third-Party Trustees

What Makes Up Funeral Costs?

Payment Options and Planning Tools

Communicating Your Funeral Wishes

Work with a Probate Attorney for Funeral Planning Guidance

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