How To Avoid Probate And Trust Litigation

Having to go for court hearing immediately after the death of a loved one can be devastating and can drag one down emotionally. Relatives will have to fight against each other, thus breaking the bond and love that exists within a family. This is something everyone wants to avoid especially when they are supposed to be grieving over the loss of a loved one. How can you prevent your relatives getting involved over your assets? Trust litigation can be avoided though the following helpful tips

How To Avoid Probate And Trust Litigation


When planning on making an unnatural disposition, it is very important to inform your heirs. A natural disposition is when you leave your assets and finances in the care of your heir including wife, children and grandchildren. An unnatural disposition is described as a case where you disinherit your natural heirs and distribute your entire properties to someone or an entity you barely know for instance a distant family member or charities. You own your properties and so have the sole responsibility of choosing who to inherit them. But in a bid to avoid conflicts among relatives, it is best to tell your heirs about your decisions.  Trust litigation starts when those who thought they are entitled to your inheritance finds out that they were disinherited after your death. It is, however, best to tell your relative about your decision so it doesn’t come as a complete shock.

Have a Properly Prepared Legal Document

Another way to avoid trust litigation is to have all relevant documents prepared. One of the major causes of trust litigations is a result of ill-drafted wills. If you are concerned about someone contesting your will, you don’t want to draft it on your own. It should be properly drafted with legal backings by a professional. However, upon your demise some family members will call the lawyer that drafted the document to make few changes. It is therefore advisable to choose a reliable and trusted lawyer you find comfortable working with. Also, make sure you’ve been working with the lawyer for many years during your lifetime to guarantee his trust. Such lawyers will be willing and ready to assist your family upon your death and also help avoid trust litigation.

Updating your Legal Documents

Not only do you need to draft the documents, you also need to keep it up to date. Neglecting this fact means you are asking for trouble. The update might include adding or removing beneficiaries as a result of divorce, death or other circumstances. By keeping all relevant documents up to date, you will keep your family members and relatives at peace with each other. Make sure all beneficiaries and assets are updated on a regular basis. The worst thing that could ever happen to you after your death is having to give out all your properties to your ex-spouse whom you’ve divorced for several years back.

By incorporating some of these ideas, you will prevent disputes that may arise

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