Most people know how important it is to get a good estate plan. This plan will be what determines how your minor children will be cared for, what will happen to your estate, and who will execute it all. However, there are many estate plans that are disputed and have to go through probate. This is to be avoided if at all possible. Luckily, there are some things that you can do to avoid your estate plan being contested. Here are a couple things.
1. Create The Plan While You Are Young
One of the most important things you can do is get the estate plan done while you are young and healthy. A very important feature to any estate plan is that the individual was of a sound mind when they made the plan. This means that if you wait until you are older and your mind isn't as sharp, your family could contest it on the premise that you weren't mentally aware of what you were doing.
The ideal is to put together an estate plan in your younger years, then make changes as necessary. Then when the time comes to execute the plan, there is no question as to what your wishes were.
2. Talk To Your Family Before Hand
Another important feature is to let your family know what the estate plan contains before you actually pass away. Some people make the mistake of thinking that their children and family members will understand why they did what they did after they pass away. But this is not the case. Instead, you may have family members with hurt feelings, or who might be confused. When you talk to your family beforehand about what the estate plan contains, no one can say that this wasn't what you wanted. Although they may not agree with your plan, they can be sure that this is actually what you had intended.
3. Use Trusts
One of the best features of estate planning is a trust. Trusts are great because they allow you to place conditions on the execution of the estate plan. For instance, if you have a child who has a drug problem, you can require that they take and pass a drug test before they can access their inheritance. Unlike a will, a trust doesn't go through probate. It is more private and more personal. This is why many people prefer to put their estate in a trust rather than a will.
By doing these simple things you can prevent your estate plan from being contested. Contact a lawyer, like David R Webb Attorney, to learn more about the estate plan process and avoiding probate.