Estate Planning Tricks to Avoid Future Litigation

Nobody wants their family’s final recollections of them to be a dispute over their assets in probate court. Unfortunately, far too many families find themselves in contentious estate administration processes following the death of a loved one.

While this is the case, yours doesn’t have to be one of them. Use these estate planning methods to avoid future litigation. This manner, your assets will reach your family faster, without becoming stuck in a probate battle with a probate lawyer:

Start the process early while you are still healthy

One of the most common reasons why family members file Will challenges is “lack of capacity.” This means that the petitioner believes the individual who drafted the Will was not of sound mind when the document was signed.

To avoid probate disputes, begin estate planning as early as possible, while you are still healthy. This will keep family members from questioning your legal competence and make it more difficult to oppose your wishes later on.

Minimize your probate estate.

Another estate planning trick for lowering the danger of litigation is to limit or even abolish your probate estate. To avoid probate court, consider using a revocable living trust, beneficiary designations, jointly owned assets, and other estate planning options.

By withdrawing assets and monies from your probate estate, you make it more difficult and financially risky for an heir to reverse your estate planning by putting more assets in the hands of your trustee and intended beneficiaries.

Communicate your estate planning strategy with the beneficiaries

Probate litigation is frequently initiated when a deceased person’s natural heirs are taken aback by the language in their Will or trust. When a spouse or child is omitted without warning, or the distribution of assets alters, those who receive less are more likely to submit a petition to have the Will set aside.

As a result, one estate planning technique for avoiding probate litigation is to simply convey your desires to beneficiaries and family members beforehand.

This is especially crucial if you decide to deliberately disinherit a natural heir. Open communication about your desires will lessen the likelihood of a potential beneficiary becoming surprised after your death.

It also makes it more difficult for the successor to claim that their omission was the product of improper influence.

Update your estate plan.

Once your estate plan is complete, you should review it every few years to ensure that everything is up to date. You may need to add beneficiaries owing to births or weddings, remove them due to deaths or divorce, or change the distribution of your assets to account for property purchased or sold in the meantime.

It’s also critical to stay current on legal developments. Keeping your estate plan up to date reduces the likelihood of litigation by eliminating ambiguity.

If a Will has not been updated in a long time, it can be difficult to decide whether a car award applies to its successor, or how a bank account should be divided if the balance is significantly less than the amount mentioned in the Will, for example.

A reasonable rule of thumb is to review your estate plan for revisions every 3-5 years, or whenever there is a birth, wedding, divorce, or funeral in the family.

Have the vital documents

Most people think of estate planning as something that occurs after death, but a solid estate plan will also contain durable powers of attorney (DPOA), a healthcare surrogate, and possibly a living will.

These estate planning contracts take effect when you are no longer capable of making financial or healthcare decisions for yourself.

Executing these forms while you are still healthy is an important estate planning approach to help your family avoid probate court since they eliminate the requirement for the probate court to appoint a Guardian or Conservator to manage your estate.

Distribute your estate plan documents to the right people

You have the right to keep your trust paperwork and other important aspects of your estate plan private.

Other paperwork, such as beneficiary designations and powers of attorney, should be issued to the professionals in your life to ensure that your care and the facility’s services are uninterrupted. You should submit these materials to:

  • Each agent, personal representative, healthcare provider, or power of attorney designated in their specific documents
  • Your bank, credit union, or financial institution (DPOAs and beneficiary designations).
  • Financial advisors, accountants, and stock brokers (DPOAs, beneficiary designations, and some trust forms)
  • Your healthcare providers and chosen hospital (HIPAA releases)
  • You should also have a copy of your whole estate plan in a safe place at home, and your attorney should have a copy as well.

Discuss the estate plan with a reputable attorney.

While estate planning is about carrying out your intentions and should always represent your goals, it is wise to seek assistance with the actual drafting process.

Before signing any contracts, consult with an expert estate administration lawyer about your estate planning strategy.

This allows you to detect potential probate lawsuit risks early on and make changes to safeguard your family from a time-consuming and taxing probate litigation procedure.

When you are hiring an estate planning attorney Upper Marlboro, hire an experienced one who can handle both estate planning and probate litigation.

Since the professional understands what can cause a Will challenge and how to avoid one, they will advise you on what to do and what to avoid.

All you need to do is to research the attorneys in your area. Many people go for the first attorney they come across. This is wrong.

The best way to go about it is to get in touch with five or more contractors and interview them. You should only consider hiring the most qualified.

You should meet the most qualified people, discuss the many estate planning techniques available, and assist you in making decisions that will limit the likelihood of your family becoming involved in disputed probate litigation.

Is Estate Planning Only for The Wealthy?

When you hear the term “estate planning,” what comes to mind? For many, it’s an image of the ultra-wealthy meticulously mapping out how to distribute their vast fortunes.

But here’s the truth: estate planning is not just for the ultra-wealthy. In fact, it’s something everyone can benefit from, regardless of their wealth.

It’s simple to understand why estate planning is frequently connected with the wealthy and famous. High-profile cases in the media frequently feature multimillion-dollar estates, intricate trusts, and expensive inheritances.

Unfortunately, this narrow view overlooks an important point: estate planning is about more than money. It is about fulfilling your wishes, safeguarding your loved ones, and providing you with peace of mind.

So, even if you don’t have a lot of money, consult an estate planning attorney to help you put together an estate plan that will give you plenty of benefits.

You have peace of mind.

Perhaps the most significant advantage of estate planning is the peace of mind it brings. Knowing that your wishes will be fulfilled, that your loved ones will be cared for and that your affairs are in order can alleviate a great deal of tension and anxiety.

Estate planning shows love and consideration for the people you care about the most.

You protect your loved ones.

Providing for your loved ones is one of the most critical components of estate planning.

This extends beyond just distributing assets.

It entails choosing guardians for small children, establishing trusts to manage finances for beneficiaries who may not be prepared to handle them, and ensuring that trustworthy individuals make your healthcare and financial decisions if you are unable to do so yourself.

Consider parents with small children. Without an estate plan, the court will determine who will care for your children after you die.

By naming guardians in your will, you can ensure that your children are cared for by individuals you trust the most.

You get to make healthcare and financial decisions

Estate planning includes your intentions for health care and financial considerations. A durable power of attorney and an advanced health care directive (sometimes known as a living will) are essential to any estate plan.

These agreements allow you to designate someone to choose for you if you cannot.

Assume you’re in a circumstance where you can’t express your wishes due to illness or injuries. An advanced health care directive guarantees that your medical care preferences are understood and followed.

Similarly, a durable power of attorney authorizes a trusted someone to handle your financial affairs, ensuring that invoices are paid and financial responsibilities are met.

You minimize taxes and expenses.

While estate taxes are not a concern for everyone, estate planning can help you save money on taxes and expenses.

By structuring your estate tax-efficiently, you can decrease the burden on your heirs and ensure that more of your assets benefit your loved ones rather than the government.

Even if your estate is tiny, there are methods to reduce taxes and expenses with good planning.

This could include taking advantage of exemptions, establishing trusts, or making charitable contributions.

Estate planning tools that you need

There are a few. People frequently use more than one tool, depending on their needs. These tools include:

Last will and testament

This is one of the most popular kinds of estate planning. A final will and testament allows you (the person who owns the estate) to specify how you want the estate handled after your death. A will is relatively simple to create, but there are several conditions for a will to be recognized as legally effective.

Working with an experienced estate planning attorney can help guarantee that these standards are fulfilled. The attorney will guide you in what to include in the will and what to leave out.

One crucial function of the last will and testament is to designate guardianship for any minor children who may be orphaned. If no guardian is named in the will, the choice is left to the courts.

Living will

A living will, also known as an advanced healthcare directive, is something everyone should have. It outlines what you would and would not want to happen in terms of medical interventions as you near the end of your life.

A living will is activated when you become disabled and unable to communicate your wishes, whereas a regular will takes effect when you die. The living will answer concerns about whether you want feeding tubes, artificial respiration, CPR, and other life-sustaining medical treatments.

Without a living will, those decisions could be taken by family members who may either disagree with what you would have wanted or they may disagree with each other, leading to lengthy, costly court conflicts over your care.

Power of attorney

A power of attorney (POA) designates someone else to act on your behalf if you become incapacitated. POAs can be used in a variety of situations, including business transactions.

A healthcare POA is one of the forms that must be completed for an advance healthcare directive. It designates a person you trust to carry out the directive’s wishes. It only activates once you become incapacitated.

A financial POA also names a person legally authorized to handle your financial affairs if you become incapacitated. For example, suppose you are involved in a vehicle accident and finish up in a coma. In that case, the person listed in the financial POA can ensure that your expenses are paid, among other things.

When you die, the POA loses its power, and the traditional will takes effect.

So, who can benefit from an estate plan?

Ultimately, everyone can profit from estate planning. While it is vital for individuals with assets, even those with only a few possessions should consider estate planning.

While it is commonly regarded as a worry for the elderly, younger persons with assets or dependents will benefit as well.

Life is unpredictable, and everyone should be prepared for the worst. It’s better to be proactive and consider your future requirements and aspirations than to leave everything to chance.

Work with an experienced estate planning lawyer Upper Marlboro and put your life in order.

Estate Planning Guide

Estate planning is the act of structuring and arranging your assets to ensure that they are transferred in accordance with your preferences after your death or incapacitation.

Creating a detailed estate plan assists you in safeguarding both your loved ones and your possessions.

Unfortunately, there is no one-size-fits-all solution for developing an estate plan. The specifics will depend on your unique circumstances. While this is the case, the following steps will help you become organized and easily start the process.

Put together your team.

You should assemble a team that will help you create your estate strategy. In your team, you may wish to include a financial advisor, a tax specialist, and an estate planning attorney to create a comprehensive, customized estate plan.

Each member of your team should be able to contribute to the process and offer crucial legal and financial guidance.

Together with your team, devise a strategy to guarantee that your assets are allocated to the people and organizations you specify with as little uncertainty as possible.

Have a guardian for your dependents.

The next step you should do is decide who you want to care for your dependents (if any) after you die. These could be little children, a loved one with special needs, or elderly parents under your care.

If no guardians are listed in your estate plan, a probate court can appoint one for you.

Before naming a guardian, make sure you consult with them ahead of time to obtain their consent. You should note that they are not required to manage a child’s inheritance.

You can appoint a third person, such as a trustee, to handle money or assets until the child is old enough to manage their inheritance on their own.

Also, remember that identifying a couple as co-guardians can be challenging if they divorce. Discuss this matter with your estate attorney, and consider appointing a backup guardian for your dependents.

Outline your wishes pertaining to assets and dependents

You should express your preferences about your assets and beneficiaries. Remember that without an estate plan, a judge may make such decisions for you in probate court.

To limit the danger of your assets going to probate, which can be long, expensive, and not in accordance with your preferences, include the following estate planning documents in your end-of-life strategy:

A living will: A living will, also known as a medical care directive, specifies the medical procedures you want and do not want to receive at the end of your life.

A healthcare Power of Attorney (POA) document, also known as a medical POA or healthcare proxy, gives someone you choose the authority to make healthcare decisions on your behalf if you cannot do so.

Advanced healthcare directive: An advanced directive provides instructions on medical treatments and healthcare services if you become incapacitated.

An advance healthcare directive often includes two documents: a living will and a healthcare power of attorney (POA).

Last will testament: A last will and testament specifies your preferences for your property and dependents after your death.

This document allows you to name beneficiaries, designate guardians for minor children, and appoint an executor for your estate, who will carry out your wishes as outlined in your will.

Create a trust

A trust is meant to hold money and other assets for your heirs. When you create a trust, you control what goes into it, who receives what, and how it is dispersed.

A properly constituted trust ensures that your plan is carried out exactly as planned. It may also prevent your estate from entering probate.

You should work with an estate planning and trusts attorney to ensure that you select the appropriate trust for your needs and that it is formed by your objectives.

As you create a trust, you should know that there are many types of trust. The most common ones being:

Revocable living trusts: A revocable living trust allows you to modify or terminate the trust at any time prior to your death. When you pass away, your revocable trust becomes irrevocable.

Irrevocable trusts: Once created, you cannot change or terminate them. While irrevocable trusts lack the flexibility of revocable trusts, they provide further protection against litigation, creditors, and taxes.

Charity trusts allow you to donate assets or money to a nonprofit organization. The good thing is that assets in a charity trust are no longer considered personal property, so they can be passed to your beneficiaries without being subject to taxes or lawsuits.

Plan for estate taxes

Estate taxes are federal taxes levied on assets such as cash, real estate, stocks, and other valuable property. You should note that your beneficiaries must pay estate taxes after receiving their inheritance, usually payable within nine months of your death.

You can do several things to prepare for or reduce estate taxes, including putting assets in an irrevocable trust or making contributions to family members.

You should consult a tax professional who can collaborate with your attorney and financial advisor to identify which estate tax preparation techniques suit your situation.

Work on avoiding probate.

Probate is the legal process of having your will verified through the courts. It can be time-consuming, expensive, and very public because probate cases are public records.

Furthermore, if you have not specified your wishes in your estate plan, a probate judge may make choices you disapprove of.

Fortunately, you can avoid probate by writing and maintaining a will, naming an executor for your estate, and appointing a trustee to handle trust assets.

Parting shot

These are some of the things you can do when creating an estate plan. As mentioned, you should try as much as possible and ensure you have a solid estate plan before you die. As a rule of thumb, work closely with an experienced probate attorney Largo who will hold your hand and guide you through the process.

Estate Planning Best Practices

Estate planning is the process of organizing your affairs so that your loved ones can be cared for if you die or become incapacitated. Due to the importance of estate planning, you must do the right things to make the estate planning process easy. Besides hiring a reputable estate planning attorney, some of the other things you should do include:

Have a list of your valuables

First, go through your entire home, inside and out, and compile a list of all valuable stuff. Examples include the house, televisions and computers, jewelry, collectibles, automobiles, art and antiques, lawn equipment, and power tools.

As you explore, make notes if you come across something you want to leave for a specific person. Don’t forget about sentimental belongings like family photos.

You also should list items you wish to contribute to a favorite charity.

To ensure you can remember the items, consider taking photos.

You will even be better off if you can ask someone to help you.

Put together your debts.

You should make a separate list of all your open credit cards and other obligations. This may include vehicle loans, mortgages, home equity lines of credit (HELOCs), and any other debts or open lines of credit you have.

Take note of the account numbers, locations of signed agreements, and contact information for the companies that hold the debt.

You should include all your credit cards, noting which ones you use frequently and which are sitting in a drawer unused.

You should note that you can simplify the process by adding a current statement or document with the necessary account information.

Have a list of all your memberships.

You should list all the groups you belong to, such as AARP, The American Legion, a veteran’s association, a professional certification association, or a college alumni club.

This is because, in some situations, these organizations may provide their members with free accidental life insurance benefits, which their beneficiaries may be qualified to receive.

Include any other charities that you support. You can tell your beneficiaries about the charitable organizations or causes that are important to you and to which you would wish donations made in your memory.

You also should note any recurring gifts you make to a nonprofit organization so that your heirs can cancel or continue them.

Document your nonphysical assets.

Add your financial holdings and entitlements to the list, ensuring they are explicit enough for your heirs to claim.

This includes bank and brokerage accounts, 401(k) plans, IRAs, life insurance policies, and other policies like long-term care, auto, disability, and health insurance.

You should include account numbers and the location of any physical papers you possess. List the contact details for the companies that own these non-physical items.

If it is easier, attach a recent statement or similar paper document with crucial information such as the account number, company, and contact information.

Review your retirement accounts.

Accounts and insurance with chosen beneficiaries will be transferred directly to those people or entities following your death.

Remember that it makes no difference how you direct the distribution of these accounts or policies in your will or trust. If there is a dispute, the beneficiary names for the retirement account will take precedence.

Check your online account, or contact your employer’s customer support team or plan administrator, for a current list of your beneficiary selections for all accounts.

You should examine them to ensure they are current. This is especially significant if you are divorced and remarried.

Find a responsible estate administrator.

When you die, your estate administrator or executor will administer your will. You must hire someone accountable and capable of making decisions.

Your spouse is not necessarily the greatest option, as they might be extremely affected by your demise.

You should consider how the emotions surrounding your death will influence this person’s decision-making skills.

If you anticipate any problems, consider other competent candidates. You could name a close friend or family member whom you trust to act impartially on your behalf.

Update your insurance

Life insurance and annuities, like retirement funds, pass directly to your specified beneficiaries. If you have life insurance, ensure your beneficiaries are up-to-date and accurately named.

In terms of timing, this could be the most crucial aspect of your estate plan. Your heirs will require instant access to some of your assets to meet their basic requirements and organize for your burial.

Draft your will

Everyone above the age of eighteen should have a will. This is because it is the rulebook for distributing your possessions, which may avert havoc among your heirs.

It’s best done as soon as you’ve completed all of the above-mentioned documentation. Your list of assets will make it easy to determine who receives what.

A will might appoint a guardian for minor children and specify who will care for your pets. You can also give assets to charitable organizations in your will.

Wills are generally affordable estate-planning documents to create. Your wills and trust attorney Largo will assist you in making a will for a small fee, depending on the complexity of your assets and the geographic region.

You can also create your own will using online tools or software.

When you make a will, sign and date it in front of two unrelated witnesses, who should also sign it, you should then get it notarized.

Finally, ensure that others are aware of the document’s location so that they can access it when necessary.

Simplify your finances

If you’ve changed jobs in the past, you may still have multiple 401(k) retirement plans or IRA accounts with previous companies. If this is the case, you should consider combining these accounts into a single individual IRA.

Consolidating accounts provides better investment options, reduced fees, a more comprehensive range of assets, less paperwork, and easier management for you and your heirs.

Tricks to Fast Track Probate Proceedings

Probate proceedings for some estates might last several months or even years. Unfortunately, you don’t want this, do you?

You want the inheritance to be passed on to the beneficiaries as soon as possible. If you are a beneficiary, you do not want to be stuck in a scenario where you cannot get the assets. While this process is often slow, there are several things you can do to speed it up.

These things include:

Work with an experienced wills and probate attorney

Hiring a qualified probate lawyer can be the difference between a simple and swift probate process and one fraught with frustration and delays.

Work with an attorney who will speed up the process and help you obtain probate within a few weeks. An experienced attorney will direct you in the right direction, and help you make the right decisions.

Many people make the mistake of wanting to save money by doing everything by themselves. This is wrong.

The right thing to do is to work with an experienced professional who will point you in the right direction and help you save time and headaches.

Find out the debtors and creditors as soon as possible

If you are the executor of an estate, one of your responsibilities is to swiftly identify the deceased’s creditors and debts. The most obvious bills and expenses that you, as the Executor, must pay before distributing the legacy to the recipients are IRAs and credit card companies.

Once you acquire probate, you should pay them as soon as possible.

Take charge

If you are the executor or administrator of the estate, only you should interact with your probate counsel. Do not let family members or beneficiaries dictate to the probate lawyer what to do.

Remember that probate lawyers can only accept directions from the executor or administrator. If other family members insist on having a say, your probate lawyer has the right to discharge himself, especially if there are contradicting instructions and competing demands.

If you are not in command and allow everyone else to have their opinion, there will undoubtedly be a delay that you are trying to avoid.

File estate tax as early as possible

If the Internal Revenue Service Form 706 must be completed, the IRS will normally take at least six months to complete their evaluation, which does not include any time required to fix errors on the form.

You can close probate sooner if the personal representative gathers the information needed to complete Form 706 early in the probate procedure. The personal representative must verify that Form 706 is accurately completed and sent to the IRS.

Even if an estate is not obliged to submit the Form, it may need to file a state estate tax or inheritance tax return.

To avoid delays, you should file as soon as possible. If you are confused about how to go about it, get the input of your attorney or any other professional.

Pay attention to the unusual assets.

Certain types of difficult-to-value property may cause probate to be delayed. These assets may include:

  • Collectables
  • Complicated property or business rights.
  • Patents and other intellectual property
  • Extremely illiquid property

In such a scenario, you need to keep your attorney close to you to ensure that these assets do not prolong the probate process. The attorney will analyze the assets and determine how they will be dispersed or disposed of.

Separate the estate money.

As the Executor or Administrator, you must separate the estate funds from your funds. The right way to do it is to open a separate bank account and avoid combining estate and personal funds.

Remember that the beneficiaries are entitled to a thorough record of the executor’s activities. Having a separate estate account and accounting for estate funds will help the probate process move more quickly.

This is because you won’t need to explain many things. The beneficiaries will also have a better understanding of what is going on, and as a result, they won’t need to raise many issues.

Prepare your schedule of assets.

The Schedule of Assets is one of the most important documents you must fill in the Family Justice Court before the grant of probate or letter of administration is issued.

To save time, determine the deceased’s assets and assign a value to them. As part of the administration process, you should file the Schedule of Assets with the probate court.

If you are the estate’s executor or administrator, your probate lawyer will need a list of assets and a valuation of personal effects, real estate, or other assets.

You should provide your probate lawyer with copies of bank statements, title deeds, and insurance policies.

By doing this, you will fasten the process and have an easy time going through the process.

Get a court permission if necessary.

If probate beneficiaries do not get along or speak to one other, work with your probate attorney Largo and seek court authorization to proceed with the probate process.

By presenting files to the court as soon as possible and attending court as necessary, you increase the chances of completing the process on schedule.

The last thing you want is to bring together the beneficiaries so that they can agree on the contentious issues. When you do this, there is a chance that the process will take too long, and the beneficiaries might even disagree, dragging the process for years.

Parting shot

These are some tricks you can use to speed up the probate process. As mentioned, always work with an experienced attorney who knows what they are doing.

You should also research and find the necessary documents so that you can obtain them as soon as possible. It will even be better if you can get them before you start the process.

In some cases, you will find the beneficiaries don’t agree on some contentious issues. To speed up the process,don’t try to make them agree or make peace. Instead, get a court order to proceed with the probate process.

Reasons to Update Your Will

Have you already completed your estate planning? Perhaps you’ve completed your last will and Trust? Great! You are already ahead of the pack!

But when did you do this? Do you know when you should examine your Estate Planning paperwork and, if necessary, make adjustments or revisions to your Will?

Its recommended that you find a wills and trust attorney every four or five years and update your will. It’s also highly recommended that you amend your will after each big life event that impacts the course of your life, whether for the better or worse.

Some of the reasons to revise your will include:

Change in marital status

If you were married, you may have named your spouse as a beneficiary in your will. You should revise your will in the event of a divorce, wedding, or death. It is vital to remember that stepchildren are not legally entitled to your property, so keep this in mind when updating your documentation.

You are having health challenges.

Health changes can have an impact on your will. If you have been diagnosed with a degenerative condition or a life-threatening sickness, it is in your best interests to use this time to adjust the Will to your wishes.

Furthermore, any additions you had planned prior to your diagnosis should be implemented as quickly as possible.

Changes in your finances

This is another significant event that influences your will. A rise in wealth can push you into a higher tax category and result in greater taxes. In addition, you may want to raise the amount of money you leave for your beneficiaries.

In contrast, your financial circumstances may worsen, and you may be unable to contribute the amount you expected. At this stage, you must make changes to your will.

You change your mind about a beneficiary.

It is reasonable to change your mind and thoughts regarding the persons or organizations named as beneficiaries in your will, possibly owing to disagreements after you signed your will or for other causes, good or negative.

Remember, it is your money, and you have the right to change your mind about who receives the cash after your death.

If you feel that the beneficiary you mentioned in your will isn’t the right one, you should consider updating your will and having a new beneficiary.

You want to update estate laws.

Laws affecting estate taxes can and do change over time. When this happens, you should amend your will to reflect any relevant changes when they occur. Consult your wills lawyer to stay up to date on estate rules and how they affect you.

Your beneficiary or executor has died.

If your named executor or beneficiary dies, you must update the information to name a new executor or a different recipient for the asset or property.

Even if your will includes provisions for such occurrences, you may want to consider amending it.

To change the executor, you need to draft an addendum, which is a written amendment that modifies your Will. Make sure you understand your state’s laws so your codicil is valid. The number of witnesses and whether or not a notary is required varies by state.

How much does it cost to amend a will?

The cost of amending a Will varies depending on several things. Did you intend to hire a lawyer, or do you prefer to handle it yourself? How complex are the changes? Which state do you live in?

You should address these questions to accurately estimate the expense of changing a will.

Lawyers can charge a wide range of fees based on your location and other factors. Of course, it is possible to make modifications entirely on your own, but many people are hesitant to do so, fearing that they will not have done everything necessary to ensure the validity of their new will.

Can you make handwritten changes to a will?

Technically, you can make handwritten amendments to your Will. However, different states have different regulations governing how and when this is permitted, so you should proceed with caution.

Family members can easily challenge handwritten modifications in Wills, so if you want your Will and any amendments to be as strong as possible, avoid making handwritten alterations.

Can you make your will null and void?

Yes, you can do it, and there are a number of ways to go about it. Making a new Will or adding a codicil renders your prior one null and void. Of course, you could take drastic measures such as destroying all original copies or selling, giving away, or otherwise disposing of assets listed in the Will.

What next after updating your will?

Even after you’ve modified your will, you must ensure that you have the necessary signatures and witnesses to comply with state law.

You may need to get your Will notarized, and you should keep it somewhere safe. Make sure someone you trust knows where your will and other estate planning paperwork are.

Parting shot

It is a good idea to examine all of your Estate Planning documents periodically. Knowing what you need to do to update your Will (and when to do it) is critical.

Whether you’ve only had one major life event or you haven’t revisited your Will in years and a lot has happened, keeping your Will up to date is an important component of protecting your family when you die.

You should take your time when preparing and updating the will and ensure that you capture all the relevant information.

As mentioned, you should make it a habit to update your Will every 4-5 years or when there is a major life event.

To have an easy time, work with an experienced probate attorney Largo who will not only help you put the will together but also let you know when things aren’t going as planned.

Tips to Consider When Coming Up with an Estate Plan

Having an estate plan is an excellent way to reduce chaos in your demise and at the same time ensure that everyone gets what you want them to. For you to create a plan you need to consider a number of tips. These tips include:

Be clear about your intentions

Why are you creating the plan in the first place? You need to have a clear reason. Of course, your estate planning attorney can help you come up with a reason, but it should mainly come from you.

Most estate plans are motivated by tax planning, which is an important consideration in wealth transfer, but it is not the only one.

Understanding and expressing the “why” behind the planning can help alleviate the dread of the unknown, which can frequently lead to misunderstanding among family members, conflict among beneficiaries, and loss of family wealth.

So, how do you get started on the road to communication? The first step is to understand your values and how they affect the plan you put in place. Keep in mind that your values may differ from those of your heirs, or they may be the same but expressed differently.

Understanding your values is not intended to control your plan from beyond the grave by imposing those values on future beneficiaries, but rather to provide context for the many structures you have (or have not) implemented.

Understanding these underlying beliefs will help you stay grounded if you confront challenging inquiries from family members about the plan, as well as remind you why you did it.

Aim to build a values-based plan

A clear grasp of your basic beliefs is critical in determining your intentions for the assets you will distribute to or hold for your heirs. Discretionary trusts are a popular planning tool because of their flexibility and creditor protection, but they can keep trustees in the dark about distribution decisions.

Creating a non-binding side letter of wishes to advise a trustee can help maintain the values that guided the planning across generations while also lowering the likelihood that assets in the trust would be dispersed and spent in an unforeseen future.

Explaining why you funded a trust, aside from tax concerns, might be challenging. Writing a letter of wishes needs you to consider what the assets are for (and are not) and how you intend to use them to benefit present and future dependents.

For example, you can finance a trust with the aim of using it mostly for educational purposes but are hesitant to include that provision in the trust instrument due to uncertainties about the beneficiaries’ future needs or the expense of education.

You might finance a discretionary trust and write a letter of wishes stating your desire for the assets to be spent largely for education and why this was a significant motivating factor in establishing the trust.

This would allow the trustee to maintain flexibility while ensuring that beneficiaries understand the trust’s purpose and why specific distribution requests may be allowed or denied.

Letters of wishes may also include information on distributions that may be made if specific conditions are met. For example, the letter may say that beneficiaries would receive specific sums or percentages of trust assets at certain ages or milestones.

The trustee would not be required to make these distributions, which is important especially when there are reasons to keep assets in trust for a beneficiary or make payments on their behalf; however, guidance like this can be useful to a trustee administering the trust years after it is funded, especially if they were not involved in the trust creation.

Share the plan

Once all of the parts of the strategy are in place, the final stage is to share it, but probably not all at once. Sharing knowledge in digestible increments can maintain your family members’ attention and allow them to actively participate in the process by asking intelligent questions.

There is no one-size-fits-all method to this process, but it is frequently beneficial, to begin with some basic estate and financial planning education, which will serve as a foundation for the information you will give over time and assist your heirs in comprehending the many components of your plan.

This instructional element may also be useful for family members who need to start their basic planning.

Next, you may describe the work you did to discover the values that influenced your plan. You can talk about your aspirations for future generations and how your estate plan is designed to support those intentions while also addressing potential problems.

Many families then go on to share information on the various trusts or other entities they have established to pass down wealth.

This section of the talk does not need to involve precise monetary amounts; it is completely appropriate to keep it high-level and focused on the general framework.

You can collaborate with your estate planning lawyer Upper Marlboro to anticipate queries from family members and devise a strategy for dealing with potentially awkward circumstances, keeping in mind that you do not need all of the answers.

Parting shot

Whether the goal is to pass on generational wealth to your children or not, developing a plan based on fundamental principles and correctly communicating it at the appropriate times will assist in guaranteeing that your desires are carried out and your legacy carries on for future generations.

For the best outcome, take your time when creating the plan and always ensure that you let everyone involved know what is going on.

To have an easy time, work with experienced professionals who will not only help you put together the plan, but also advise you on what to include and what to omit in the plan. The professionals will also be your eyes when you are gone.

What You Need to Know About an Estate Plan

Studies show that only one in three Americans have an estate plan. It’s unclear why there is a low intake. Could it be because many people don’t know about it, or they are scared of it as it’s seen as a way to prepare for death?

An estate plan helps shield your family from worry, sadness, and emotional damage. This means that if you want to leave your family at peace, you should work with your estate planning attorney and have an estate plan in place.

If you have been on the fence about getting the plan, here are a few things you should know about it:

An estate plan will cover your decisions in life and death.

Your estate plan specifies what you want to happen to your property once you are gone. Who receives what and when? Do you wish to leave something for charity? Who will be the executor in charge of paying your final bills and dispersing your remaining assets?

You should have all this in your estate plan.

When you are unable to make decisions due to a serious medical condition, an estate plan can help you express your preferences. You delegate decision-making authority to a trusted family member or acquaintance.

You can provide specific instructions, such as whether you want to be an organ donor or decline treatment when on life support with no hope of recovery.

To avoid surprises, you should let everyone in your plan know about their roles once you are gone.

The plan ensures that the government doesn’t make decisions for you

Each state has rules governing what happens when someone dies or becomes incompetent without an estate plan. Without a plan, you lose the opportunity to make your voice heard.

The individual who ultimately makes your healthcare and financial decisions may not be the one you like.

Inheritance laws favor a nuclear family structure, which means that money typically goes first to your spouse and children. If you want to leave something to charity, friends, or family members, you’ll need an estate plan.

With an estate plan, you can specify what you want done once you are gone. You also specify what you want anyone you love, including charities, to receive in your demise.

 A good estate plan speeds up the inheritance.

When you die, the state courts analyze your will and distribute your assets to the specified heirs via a procedure known as probate. If you do not have an estate plan and your family members battle over the inheritance, they may spend everything on legal fees.

Even if probate goes smoothly, it can take many months or even years.

Accounts with beneficiary designations bypass probate and go directly to the named recipients. To protect your loved ones, set up transfer-on-death (TOD) instructions on bank accounts, brokerage accounts, automobile titles, and home titles.

Another alternative is to create a revocable trust. You deposit property into the trust fund but can withdraw it as needed. When you die, the trust transfers the property to the beneficiaries you specify without going through probate.

An estate plan saves taxes for your heirs.

The estate tax is a tax levied on major property transfers upon death. In 2024, the federal exemption is $13.61 million per person, which is not a concern for the majority of people. However, 17 states and the District of Columbia impose some type of estate or inheritance tax with far lower thresholds.

Estate taxes begin at $1 million in Oregon and $2 million in Massachusetts. You can reduce these taxes by planning ahead of time, such as making larger gifts or setting up trust funds.

It is too late once you have passed away, so protect your loved ones from taxes while you are still alive.

A trust fund gives you control even in your demise.

A trust fund is a legal entity that manages property for the benefit of another. You can create a trust fund to govern how your money and property are dispersed after you die.

For example, if you are concerned about your 18-year-old grandson’s ability to manage a six-figure inheritance, you might place the money in a trust fund with a delayed distribution clause, requiring that your grandson get the money until after turning 25 or finishing college.

You get to protect your pets and online accounts.

If you have a cat, dog, or other animal in your family, make sure to mention your wishes for them in your estate plan. Who will take over the pet: a friend or the local humane society? ”

You can even set up a pet trust specifically to help the other person pay for pet food, vet bills, and other needs.

Also, consider whether you have any digital images or files that you want your family to have.

Make sure to mail them while you still can. Consider exchanging passwords for social media accounts if you want a family member to close them after your death.

Work with an experienced attorney when putting together the plan

The cost of drafting your estate plan varies according to its complexity and location. If you feel this is the way to go, you should find an experienced estate planning lawyer Upper Marlboro, and put the relevant documents in place.

There are some online businesses that can prepare your documentation at a fraction of the regular lawyer fees, but you should be ultra-cautious of them.

While they could be an option if you believe your estate plan is straightforward and are comfortable with a DIY approach, they can sometimes overlook certain critical aspects that might be integral to the estate plan.

To be on the safe side, stick with a conventional attorney. They might be a little expensive, but they will be worth it.

For a great experience, take time to get to know the attorney. Visit them in their place of work and find out how they work. As a rule of thumb, work with professionals who have been offering the service for years.

Guide on How to Distribute Wealth to Your Children

Dividing your estate among children can be a tough affair. In many cases, the obvious option—an equal distribution of assets among children—is the best choice. However, in other families, giving each child the same inheritance may not make sense.

As any estate planning attorney will tell you, there is a distinction between leaving an equal legacy, in which each child receives the same amount, and an equitable inheritance, in which each child receives what is fair based on their circumstances.

So, when is it appropriate to leave the same legacy to each of your children, and when does a different arrangement make more sense? And how will each decision affect sibling harmony and whether your wishes be carried out as intended?

Let’s find out.

When to give equal amounts

If there are three children, an equitable division clearly means that each will receive one-third of the residual inheritance after both parents have passed away.

It makes sense for each child to get the same inheritance when each child has similar needs and is similarly situated in life, each child has received similar support in the past from their parents, and each child is mentally and emotionally capable and responsible.

For example, if all of your children have graduated from college (with you paying their tuition) and no longer rely on you for financial support, if no child has a disability or serious illness, and if they have all demonstrated financial responsibility, it is logical to divide your assets evenly.

If your bequests include real estate and other tangible assets, you must calculate the value of each asset and decide what is best to leave to each kid.

Even if you believe one or more of your children do not deserve what they are getting, leaving an equal amount can assist in preventing the emotional and financial expenses associated with conflict.

When to offer different amounts

Sometimes giving each child an equal share of the pie may not always feel right. For example, if one of your children is caring for you, you may want to reward them or compensate for lost time and wages.

Perhaps you’ve given one child significantly more money than you’ve given another, such as a substantial amount for a wedding, graduate school, or a down payment on a home.

In this case, instead of leaving your two children with equal inheritances, you may leave less to the child you previously gifted money and more to the child you did not. This distribution adheres to the equitable, not equal, rule.

If you have a child who is unable to care for themselves, you should leave the majority of your inheritance to fund that child’s care through a special needs trust.

A disabled child may require economic support to cover basic living expenditures as well as funding for continuing medical requirements.

Siblings will likely understand the circumstances and will not be insulted by receiving less money, but it is still a good idea to inform them of your plans so that there are no shocks after your death.

Can a child sue for more?

Yes, a child can sue for more, especially when they feel they have been shortchanged.

If you choose not to split your assets evenly among your children, be aware that you are putting your plans and your children in danger of a lawsuit.

What is the significance of this risk, and how likely is it that the outcome will be a different asset division than you desired? Children can sue to contest a will, but with proper estate planning, you can help limit the risks.

The first stage is to create your will with the help of an estate planning attorney while you are of sound mind and memory and without any undue influence from one of your children.

Undue influence means that one of your other children believes—or thinks it may be proven in court—that you were manipulated while drafting your will.

As a result, that youngster claims, you voiced wants that you would not have made otherwise or that were not truly your desires.

You won’t be able to defend yourself against such a claim, therefore make sure no one can successfully debate it.

Lack of capacity is another way a will can be challenged. This challenge indicates that you didn’t understand what you were doing when you made or amended your will, either due to your age or a physical or mental ailment that has harmed your ability to make sound choices.

A child could potentially claim that your will is invalid due to fraud or because your signing was not witnessed.

How do you protect your wishes?

There are steps you can take to reduce the likelihood of a less-favored child fighting your will in court, as well as the likelihood of that child winning if that happens.

A no-contest clause paired with at least some nominal gift can create a disincentive to challenge. A non-contestability provision is simply text in your will that states that any inheritor who contests your will will forfeit any bequests.

That’s where the nominal present comes in—for the clause to work, your child must have something to lose. You’ll need to give the less-favored youngster enough leeway that they’ll likely benefit more from remaining silent than from appearing in court.

It’s an unpleasant option, to be sure, but it may provide the best chance of keeping your will intact. The enforceability of these clauses differs by state, so consult your state’s laws before contemplating this alternative.

  • According to an estate planning lawyer Bowie, other measures to avoid challenges to your will include the following:
  • Using a trust to give structure to a youngster who may be unable to manage their inheritance responsibly on their own.
  • To disprove accusations of lack of ability, have your doctor witness your will when you sign it.
  • Excluding all children from the will-writing process to prevent charges of undue influence.
  • Discuss your wishes with each child to avoid surprises and to explain your reasoning.

A case of this nature is most likely to result in a settlement. That settlement will in some way vary your estate plan, because funds will likely end up in a different place or with a different person than you had hoped.

Reasons You Should Have a Good Estate Plan

Estate planning can help you avoid many terrible scenarios, and while it may require some time and money upfront, it can save you from many serious problems later on.

For example, if you do not offer a clear estate plan, the state will do what it believes is best with your estate, which is unlikely to be what you would choose. Do not leave your estate to the state.

Working with your estate planning lawyer and having an estate plan comes with plenty of perks. These perks include:

You minimize family squabbles

Your family may get along well most of the time, but it’s still a good idea to prepare a will to ensure this continues. The prospect of a monetary grab may agitate some relatives, while others may conceal a personal gem that they hope goes unnoticed.

Regardless of your wealth, careful estate planning can save your family from bickering, whether it’s a minor disagreement or a full-fledged lawsuit.

You clarify your directives

You may have always planned for your niece to inherit that heirloom, but unless it is explicitly stated in the estate, anyone can take it.

An estate plan guarantees that your assets go to the person you wish to receive them. By carefully stating your preferences, typically with the assistance of a lawyer, you can ensure that your loved ones remember you fondly and receive what you meant.

You minimize taxes

If you plan ahead, you can reduce the amount of your estate that goes to Uncle Sam while increasing the amount that goes to your relatives.

Cleverly structuring flexible retirement accounts, such as a Roth IRA, can assist in transmitting more tax-free money to your heirs, while other tax-planning methods, such as strategic charitable giving, can help you reduce your tax burden.

You should work closely with your attorney and find strategic ways to go about it.

You avoid a probate court

Set up your estate correctly, with a well-crafted trust, and you’ll breeze through probate court, which is perhaps the most tedious and time-consuming part of the entire process.

Work closely with your attorney and establish a plan that will save you a lot of time and money in the long run.

You protect your heirs

A proper estate plan can also help safeguard your heirs. If your children are minors, your estate plan can specify who will care for them and how they will get money.

It can also shield heirs from repercussions if a relative accuses them of theft. A living will can also assist heirs avoid some of the tough health decisions that arise at the end of a parent’s life.

You keep your family assets together

Estate planning is an effective strategy to keep your money in the family. A trust, when properly structured, can prevent a squandering nephew from wiping out your entire life’s savings in a matter of years. It can also help keep money inside the family if an ex-spouse attempts to take some of it.

Types of estate planning

Estate planning comes in different forms, ranging from simple beneficiary designations when you create a bank or brokerage account to more intricate and extensive arrangements. The following are some of the most common types of estate planning:

A will

At death, a will specifies where the assets you possess individually that do not have a designated beneficiary should go. Property owned jointly, such as with a spouse, flows immediately to the remaining owner(s).

The court will designate an executor to carry out the will and oversee the division of assets when the time comes.

Wills that go into effect are scrutinized in probate court, a public proceeding that allows possible creditors to file a claim against the estate. Only after the estate has been settled with creditors will the residual assets be allocated to the heirs in line with the will.

Beneficially designations

Whenever you open a financial account, such as a bank, brokerage, or insurance account, you will be asked to designate a beneficiary.

When you die, the beneficiary will be the first to collect any funds from the account. If you wish, you can distribute your assets among numerous beneficiaries and designate contingent beneficiaries in the event that the principal beneficiaries die.

Naming a beneficiary is critical: Your beneficiary selection normally takes precedence over any other declarations in your inheritance.

If you die without a will, accounts with stated beneficiaries may still pass directly to your heirs.


Trusts come in many different forms, and while they may appear complicated, they are actually quite simple at their foundation. A trust is a legal structure that enables a third party, to hold assets on behalf of a beneficiary.

Trusts provide you with a variety of estate-planning alternatives, the most notable of which is the potential to avoid probate court while keeping a high level of anonymity.

Trusts provide you control over how your assets are distributed after your death, not simply who receives the money but also under what conditions.

This control can be useful when allocating assets to people who lack the competence or maturity to manage money. You can also specify whose trustee(s) you want to oversee and direct the trust after your death.

While trusts can be complex, one of the simplest and most straightforward is the revocable trust. Such a trust guides your assets through probate and directs them according to your preferences.

You can even serve as a trustee and make decisions during your lifetime.

More complex trusts with multiple requirements may necessitate the assistance of a qualified wills and trust attorney Upper Marlboro. Of course, trusts can also be used to avoid some taxes, which is one of the reasons for their perennial popularity.

Parting shot

As you have seen, there are plenty of benefits that come with having a good estate plan. You not only ensure that your property goes to the rightful heirs but also protect them from wasting time in court.

To have an easy time coming up with an estate plan, work with expert attorneys who will hold your hand.