When it comes to estate planning, being prepared is the key to avoiding or minimizing the damage that can be caused by probate and trust disputes. This is much easier to accomplish with the guidance of an experienced lawyer. The legal team at Estep & Estep in Tazewell, TN, has been entrusted to help clients with all their estate planning needs since 1953. Below, they share a few steps you can take to keep controversy from occurring over your own estate.

3 Steps to Take to Avoid Probate & Trust Disputes

1. Create a Properly Executed Will

Every state has specific guidelines in place for the proper execution of a will. This procedure must be followed to ensure the document will hold up in court during the probate process. Failing to do this will pose the risk of it being deemed invalid. If this happens, your wishes may be contested. However, a will that has been correctly executed should be found legally valid, reducing the chances of conflict.

2. Be Clear About Your Wishes

Be as clear and detailed about your wishes as possible during the estate planning process. Thoroughly outline who your beneficiaries will be, how your property should be allocated, who will oversee your estate administration, who should be appointed guardianship over minor children, and what your funeral and burial preferences are. These are all issues that are frequently disputed when a loved one dies without leaving precise instructions.

3. Choose Your Fiduciary Carefully

Breach of fiduciary duty is one of the most common reasons controversy arises over estates. This is when a power of attorney, executor, or trustee fails to perform their fiduciary duties appropriately. If family members feel a fiduciary isn’t carrying out their role as you intended for them to, it may result in an argument over their responsibilities. As such, it’s vital to distinctly define what their duties should be.

Proper estate planning is crucial when it comes to preventing probate and trust disputes. The lawyers at Estep & Estep understand how to anticipate potential issues to keep harmony within a family and ensure the decedent’s final wishes are carried out. If you need to put together a plan, they are here for you. Give them a call today at (423) 626-3525 to schedule a consultation, and visit their website for additional information on the legal services they provide.