Families can go through a lot when they are embroiled in estate and trust controversies. Spouses get temperamental, old arguments are revived, and everybody is fighting over everything. In Florida, where the laws are by no means clear-cut, even the most careful individual can get lost in the jungle of laws unless they are very careful.
“Having a deep understanding of current tax laws and regulations helps immensely when dealing with an estate or trust dispute,” says attorney Glen Frost of Frost Law.
If you are in the thick of an estate mess, do not panic. This guide offers advice on how to steer clear of drama and maintain peace.
Knowing Estate and Trust Disputes
You would think arranging someone’s affairs once they are gone would be simple work. In reality, it is not. When ill will from years-old resentments is brought into the mix, or even simple sibling jealousies, the battle escalates.
A document with poorly-defined terms can cause confusion. Take, for example, an individual who says, “My dearly beloved child shall inherit the home,” but never specifies which child by name. That is requesting a free-for-all fistfight in court. There will also be questions around whether the deceased was in their right senses when they made said changes at the eleventh hour.
In Florida, most issues arise as folks argue over whether a will even qualifies; folks yell at the trustees for unbecoming conduct, and siblings argue over what they are “entitled” to.
Getting Through the Spine of Things
If you have found yourself amid a family estate war, the first step is to take a deep breath. Move aside and take stock. Look at the reality on the table and examine the facts. More often than not, breaking the whole mess down makes it all a bit more organized.
Then do yourself a favor and bring in the professional. An estate-planning attorney will fill you in on Florida’s (frequently bewildering) guidelines, translate the choices in simple talk, and may even recognize the choices you may not even consider on your own.
Occasionally, it is a question of hashing out with the other side before it blows up in court. When push comes to shove and the court comes into the picture, an attorney will show up in court on your behalf before the judge.
Throughout the process, communication lines still need to remain open. Attempt civility even if the other side is on the third diatribe for the day. Mediation can save everybody money, sense, and possibly a few holiday dinners.
Thinking Ahead
Estate planning might not be the most exciting hobby, but it can prevent those close to you from getting into much melodrama.
Start by being specific. Spell out who specifically inherits what, all the way through the non-essentials. You can bet on anything vague inducing nothing but chaos, and that is not what you want if you do care for the intended recipients.
Wills are okay, but trusts are superior. You can leave as much as you want, as specifically as possible. Trusts rarely go through the entire probate ordeal.
Designate a trustworthy person as the executor or the trustee. You do not need a troublemaker but a referee; hence, go for someone who will be respected and trusted by everyone.Make sure to discuss it with the family, too. Embarrassing as it may appear, when the others are in on the “why” behind the decisions, they will be much less likely to turn Thanksgiving into a soap opera courtroom.
