Estate planning is a critical process that requires careful consideration to minimize conflicts among family members and ensure that your wishes are honored.

Misconceptions surrounding estate planning often lead to unnecessary disputes, financial complications, and even legal challenges. In this blog we’ll walk through common myths and practical advice for those navigating estate planning, particularly within families prone to misunderstandings or disputes. By exploring these issues in a structured and thoughtful manner, you can ensure the protection of your assets, provide for your loved ones, and uphold your estate planning objectives.

Myth 1: Estate Planning is a One-Time Task

Myth: My spouse and I had our estate plan prepared 20 years ago. It is done and off our to-do list until one of us passes away.

Fact: Estate planning is not a one-time event but rather an evolving process that requires periodic updates to address changes in circumstances. Failing to revise your estate plan over two decades invites potential conflicts or legal disputes. Circumstances inevitably change, and beneficiaries may argue that these changes warrant a reassessment of the estate plan in favor of a different outcome.

Significant life changes, such as children reaching adulthood, may necessitate adjustments in how inheritances are distributed. Additionally, the individuals you previously named as trusted decision-makers—such as personal representatives, successor trustees, or agents under financial or medical powers of attorney—might no longer be the most suitable choices. People pass away, relocate, or other individuals may now better align with your needs and preferences. Regularly reviewing your estate plan ensures that it reflects your current wishes and circumstances.

Myth 2: Disinheriting a Child is the Only Way to Protect Assets from Creditors

Myth: My son has creditor issues. To ensure that my money does not get into his creditors’ hands, I cannot leave any money or property to him.

Fact: Disinheriting a child is not the sole solution for protecting their inheritance from creditors. Utilizing trusts can provide a more nuanced and protective approach. For example, a discretionary trust enables you to allocate money and property for your son’s benefit while appointing a neutral third party as trustee to manage the assets. The trustee has discretion over distributions, making it more difficult for creditors to access these funds as your son would not hold outright entitlement.

Alternatively, a trust can be structured to release funds to your son at specific ages or upon achieving certain milestones, minimizing exposure to creditors while still providing some access. While assets distributed at trigger dates may be subject to creditor claims, this method is generally more protective than unrestricted lump-sum inheritances. A well-crafted estate plan can address these concerns, allowing you to provide for your child while safeguarding the assets you leave behind.

Frequently Asked Questions

How Can I Maintain Privacy While Minimizing Family Conflict?

Maintaining privacy in estate planning is essential for many individuals; however, excessive secrecy can lead to distrust and disputes among family members. While you may not wish to disclose detailed information, such as the specific distribution of assets, it is prudent to inform your family that an estate plan has been prepared and reflects your current wishes. Communicating this information reassures your loved ones that the decisions have been made independently and thoughtfully. This transparency can help mitigate misunderstandings and foster trust, ultimately reducing the risk of family conflicts.

Don’t Leave Your Legacy to Chance

Don’t leave you and your family’s legacy to chance, especially if you believe there’s a possibility for conflict. Call Davis Law Group today to set up a consultation with one of our experienced estate planning attorneys to discuss the best way for you to protect yourself, your assets, and most importantly – your loved ones.