Many families come apart at the seams during estate administration. Siblings may turn against each other, and children may fight bitterly with stepparents over the assets in the estate.
When someone with significant property dies, everyone in the family may want more than their fair share. Probate challenges can cause lifelong rifts between formerly close family members. They can also diminish how much property you pass on to your loved ones.
You can potentially reduce the likelihood of the challenge against your estate plan by engaging in one or both of the steps below.
Add a no-contest clause to your documents
You have the option of adding a no-contest clause to your will. If a member of your family brings a frivolous challenge against your estate, the no-contest clause might disinherit them. Creating a penalty for fighting about your estate might deter your loved ones from dragging your property through the probate courts after you die.
Tell your loved ones exactly what you plan
It is often unrealistic and selfish expectations that prompt someone to challenge an otherwise valid estate plan. People may overestimate what kind of property you have or what it is worth. They may also assume you intend to leave them a bigger portion of your estate than you will.
By talking about your wishes with everyone in the family and being transparent about what your loved ones will inherit, you limit the risk that disappointment will motivate the challenge against your estate.
Thinking about complications that might arise later can lead to more successful estate planning now.