Some siblings grow out of the rivalry and conflict that can happen during childhood; others escalate from throwing fists or toys at each other to bigger fights over bigger things. Every client wants to minimize or eliminate battles that could escalate into attacking each other with lawyers. When we at the Law Offices of Mark E. Lewis & Associates create estate plans, many clients insist that we “put in language that will stop a fight.” We DO put in that sort of language, but there are limitations.

Best Laid Plans

There are two broad categories of fights that occur when someone dies. The first is discerning the deceased’s intentions. What wealth did they want to leave to whom? This is where good planning with wills and trusts can really be beneficial in quelling a fight before it begins. “No Contest” clauses — which we use liberally and regularly — can help stop fights over the language of the will or trust itself, including who gets what and who is to be in charge.

Unfortunately, No Contest clauses cannot stop a fight over how the person charged with distributing the assets behaves,which is the second areawherepost-death disputes commonly happen. Sometimes, these fights are necessary and important if the trustee left in charge begins to steal wealth or make self-centered decisions. As a matter of policy, we want the beneficiaries who have cause to complain to be able to remove or legally force that person to “fly right” and follow the terms of the will or trust.

Preparation Avoids a Fight

On the flip side, some beneficiaries will try to engage in “lawfare” to manipulate or intimidate the trustee. The motivations are usually financial, but control, bullying, and ego can also play a role in these unfortunate family dramas.

The planning process at my firm looks both to immediate and future situations. We assist many clients in closing a deceased loved one’s estate, so we are familiar with the best practices during planning that are more likely to avoid conflict and make the post-death process go smoothly. Through our consultation process, we identify potential areas of conflict and blend defenses with our clients wishes and desires. Then, when the documents are needed, we have the background and history of our client families to guide them through efficiently through closing the estate.

Your Best Weapon

Additionally, we go beyond mere clauses. Planning and selecting the proper decision-makers and arming those people with flexible language that covers a variety of situations is the best means of calming the stormy seas of grief. Grief and loss can bring out the worst in even the best people. A well-drafted estate plan, based on a thorough interview with the originating client, can avoid pitfalls and thus become a salve of comfort for the entire family.

Despite our best efforts, sometimes ending up in court becomes unavoidable. The best defense is a clear and well-crafted estate plan that makes court so potentially costly, and succeeding in contesting so very difficult, that only the foolhardy will make the attempt.

As long as there are people, even when it’s FAMILY, conflicts can arise. However, being well-prepared can help avoid these conflicts before they have a chance to damage relationships. Our office would be honored to help you plan for a peaceful future for your loved ones.