Idaho Law Blog
Recently I represented individuals in a family that became disgruntle with their sibling who was named as the personal representative of their parents’ Wills. The individuals believed that the personal representative was mismanaging the estate. The parties decided to litigate the matter and ended up spending more money on their attorneys than what they were fighting about in the first place.
These conflicts may have been avoided with proper planning. When preparing your estate plan, there are certain things that you can do to help reduce the chance of conflicts among the beneficiaries named in your Will, most often your children. The following is a list of things you can do to try and eliminate potential conflicts:
- Communication. Communicating your intention with your beneficiaries while you are alive can be difficult and may result in some minor conflicts, but in the long run can prevent unnecessary litigation after your death. It is important that you inform your beneficiaries of the existence of a Will, and that you let them know each and every time you change or modify the Will.
- Inheritances. Most fights among beneficiaries involve who will get your “stuff”. Over the years you have accumulated many personal items such as vehicles, coins, silverware, pictures, and other heirlooms. Many of these things do not have monetary value but hold sentimental value in the hearts of your beneficiaries (children). Unlike cash, these personal items cannot be divided in half and distributed to your children. To avoid potential conflict it is important that you identify and communicate with your beneficiaries ahead of time regarding how these personal items should be distributed.
- Selecting a Personal Representative. Upon your death, it is vital that you identify a personal representative that will communicate with and get along with your other beneficiaries. Often disputes arise out of a lack of communication or miscommunication between the personal representative and the beneficiaries.
If you have any questions about how to reduce potential conflict between your named beneficiaries upon your death, contact our Idaho Estate Planning Team of lawyers.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Matthew P. Stucki and the Racine Olson team of Estate Planning attorneys in Pocatello, Idaho Falls, or Boise. You can also email Matthew P. Stucki directly at mps@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you determine how to meet your personal estate planning needs.