Ways to Avoid Probate and Trust Litigation

Litigation after the death of a loved one is never easy. It often pits relatives against relatives and can be very stressful at that time.   It is not something that you want to happen when your loved ones are already dealing with their loss. How can you make sure that your loved ones don't fight or become involved in litigation over your estate?

Following are some things that you can do in order to avoid litigation:

1) Communication. 

You must inform your heirs if you are making a distribution that is just not natural. A "natural" disposition is when you leave your estate to your heirs such as your children’s or grandchildren’s. Whereas an "unnatural" disposition is where you disinherit your natural heirs and leave your entire estate to someone you have known for 6 months, for example, or a caregiver, or other distant family members or charities. You can meet our attorneys and clear your queries regarding probate.

2) Have properly prepared legal documents. 

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Make sure that your estate planning documents are properly organized and prepared. So often, litigation arises because of wills or trusts that were not properly drafted in the first place. If you are concerned about someone contesting your will or trust, you certainly don't want to do it yourself or use a "trust mill" or online service.

3) Include "no contest" clauses in your estate planning documents.

Most of the wills and trusts have a "no contest" clause. It discourages disputes over a will or a trust because it provides that someone who contests certain provisions in your estate plan will not be entitled to an inheritance. Depending on where you live, some "no contest" clauses can be easily overcome.

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