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When you imagine your passing, you might envision family and friends coming together to celebrate your life and legacy. Unfortunately, some families are left with confusion and even tension regarding their late loved one’s will. If you're hoping to avoid disputes regarding your estate, an attorney will provide peace of mind by helping you follow these tips.

How to Help Your Beneficiaries Avoid Estate Disputes

1. Draft an Official Will

In the event of your sudden passing, friends and family members might find peace in the notes and scribbles you left behind to dictate how you hope to allocate your hard-earned property and assets. However, for these wishes to be quickly authenticated by the court, you’ll need to include them in an official will, one that’s typed up, reviewed by an attorney, and properly signed and witnessed. This way, family and friends won’t be able to argue over the authenticity of the document.

2. Set Up a Trust

AttorneyEven with a legal will, however, your loved ones will have to wait for the court’s okay before they can start enjoying the assets you left for them. This probate period can take weeks or even months, and the longer it lasts, the higher the probability that disputes will arise.

Instead, you can avoid the larger burden of probate by establishing a trust and putting assets into it. In addition to saving time, trust details aren’t public record like wills, which may help reduce the risk of disputes among your survivors. Keep in mind that you’ll still likely need a will, as the totality of your assets will not be included in the trust.

3. Talk to Your Loved Ones

Disputes often arise when family members are caught off guard by the assets (or lack thereof) that the decedent left behind for them. This can trigger tension among family members who may want to argue over who “deserves” what and whether you were of sound mind during the estate planning process.

Therefore, it’s best to discuss your decisions with family members before you pass. This way, the will reading will simply confirm what they already know, and they’ll have already processed their emotions about your decisions.

 

For assistance managing the estate planning process, turn to the Law Offices of Adrian L. Falgione, LLC for guidance. This Lexington, SC, attorney has been helping clients navigate wills, trusts, and other essential end-of-life documents since 1989. He’ll work hard to ensure your loved ones aren’t waiting out an extended probate, so you can regard the future with peace of mind. To learn more about his practice areas, visit the firm’s website or call (803) 957-6543 to schedule an appointment with this trusted attorney.

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