Avoiding the Fight Over Your Estate

Avoiding Estate Fights

By Daniel A. Perry, Esq.

There are several ways that your loved ones may fight over your estate, resulting in a long, drawn out and emotional litigation case. Loved ones may get into estate fights over:

• is going to be the executor or trustee
• is receiving what percentage of your estate
• got written out of your will or trust
• receives what personal property and family heirlooms you owned at your death

In addition, if you did not write your will or trust correctly, the chances of discord between family members increases substantially. The problems of improper will-writing are illustrated in the case of Aldrich v. Basile, decided in the Florida Supreme Court.

Ms. Aldrich used an online service to create her will called E-Z Legal Forms. After Ms. Aldrich’s death, a court battle ensued among her heirs because the will was not clearly written and was missing some of the required provisions. This court battle involved appeals all the way up to the Florida Supreme Court.

What can you do to prevent your family members from fighting over your estate in an Ohio probate court?

Avoiding Estate Fights between Family Members

The first step is to educate yourself on the law and what you want to accomplish for your family. Second, you should have a family meeting to discuss your wishes after you are gone. Finally, meet with an Estate and Wealth Preservation attorney about your goals for your family and your attorney can design a plan on how to accomplish those goals for your family.

A little bit of work and up-front expense in estate planning will save you from hundreds of dollars in litigation costs, hurt feelings and wasted time.

If you have questions about the best estate planning strategy for you and your family, please contact our office at (513) 241-0400 or use our contact form to schedule a time to discuss your goals for your family. Our Estate Planning attorneys look forward to speaking with you!