According to the National Institutes of Health, 80% of families experience some degree of conflict as their loved ones pass away. This conflict often begins when loved ones approach death, perhaps with a diagnosis of a terminal illness. However, family conflict can continue long after a loved one passes away, and these conflicts often involve estate planning. Family members may disagree on various decisions, including those related to funerals, finances, and the distribution of sentimental items. Many of these family conflicts can be mitigated or even prevented with strategic estate planning in Tennessee. Testators can work with experienced estate planning attorneys to discuss sensitive topics and potential conflicts that may arise among their relatives. From there, it may be possible to create a personalized estate plan that addresses these specific concerns. Consider continuing this discussion with our Tennessee estate law team by contacting King Law Offices at (888) 748-5464.
Avoid Disputes by Initiating the Estate Planning Process
Perhaps the simplest way to avoid family disputes is to initiate the estate planning process. Although this might seem obvious, a basic Will can prevent many arguments between loved ones. Many disputes arise because family members cannot agree on what a decedent “would have wanted.” Perhaps a widow believes that her former husband would have wanted their grandson to inherit an old hunting rifle, while the brother of the decedent believes that the rifle was promised to him instead. More intense disputes can arise over higher-value assets, such as family homes. A Will clarifies the preferences of a decedent, and it is difficult to dispute a verified, legal document in writing.
While disputes may occur if a decedent dies without a Will, these disputes are often pointless due to intestate succession. This process occurs when someone dies without a Will, and it means that the Washington County Probate Court will decide who should inherit assets based on the rules of intestate succession. In other words, neither the decedent nor the family members will have any control over who receives which assets. In Tennessee, the spouse and surviving children of the decedent usually inherit most or all of the estate during intestate succession. If there are no children, the spouse usually inherits everything. If the decedent leaves behind children, the spouse and the children share the estate (with the spouse receiving a slightly greater share). If the decedent has no surviving spouse or children, the estate passes to other relatives. These might include parents, siblings, grandparents, and even more distant relatives. The lack of control associated with intestate succession can cause considerable family conflict, and it highlights the potential benefits of creating a basic Will.
Be Transparent With Family Members
Another relatively simple way to reduce family conflict is to be transparent about estate planning decisions. Although it might seem more appropriate to keep the details of an estate plan secret, an honest discussion may help settle numerous disputes in the future. Many testators choose to gather their families together and discuss their estate planning choices. These discussions may be difficult, but also very productive. By giving family members a chance to ask questions and raise concerns, testators can explain their decisions in more detail. This could be a more effective way to express wishes and preferences than simply leaving behind instructions in a written document.
With the entire family present during these inheritance conversations, each serves as a witness to the details and preferences expressed by the testator. If one family tries to claim that a certain choice is “not what they would have wanted,” the others can recall the details of the family discussion. Not only does this help family members understand key decisions, but it may also reduce the chances of one person challenging the validity of the Will in court.
How to Disinherit Family Members Without Causing Disputes
Many testators choose to treat their various beneficiaries equally, perhaps leaving each of their children the same amount of money. Others are reluctant to do this for various reasons. Perhaps one child has a substance abuse problem or a gambling addiction. Maybe another child is simply terrible at managing their finances. Another might have a criminal record or a history of harming the family. In these situations, testators might choose to “disinherit” the problematic family member. This might involve leaving the individual a lesser share of the estate or nothing at all.
While these decisions are perfectly valid, they have a high likelihood of triggering family disputes and even litigation. As a result, it is important to approach these decisions carefully. A testator might want to take the family member aside and explain their rationale. This reduces the potential “shock” of being disinherited, and it may give the individual time to process the decision before the testator passes. A testator might also want to give the individual a “pathway” toward a greater share – but only if they satisfy certain conditions. These might include completing drug rehabilitation, earning a college degree, or making amends with family members they have wronged in the past. Testators can enforce these conditions through Wills and trusts, and this may be something worth discussing with King Law Offices.
Learn More About Preventing Family Conflict With King Law Offices
While online research may provide a few ideas on how to address family conflict, it is important to remember that each family is unique. The average family is a rich collection of distinct personalities, and these personalities may conflict in many different ways. As a result, testators may want to create personalized estate plans that target the sensitive issues and interpersonal disputes that may arise between their loved ones. An experienced estate planning lawyer in Tennessee may be able to deliver this type of personalized guidance. That being said, preventing family conflict is only one potential priority when creating an estate plan. Testators may also want to consider asset protection, charitable bequests, lifetime gifting, and many other estate planning strategies. Consider continuing this discussion with King Law Offices by contacting us at (888) 748-5464.
