As an Atlanta estate planning and probate attorney, I have had many clients who found themselves tangled up in familial discord because of the lack of proper estate planning done by their parents or other family members. The probate process can be difficult and stressful and can often result in feuds between family members if an estate is complicated or if the estate was not planned well. If you would like to know what happens in the probate process for an intestate estate (the estate of a person who died without a will), you can read my previous blog post on the matter. I discuss in this blog some ways to plan your estate and write your will so that your family can avoid lengthy probate proceedings as much as possible – and hopefully avoid conflict.
One way to avoid ambiguity in your estate plan that may lead to familial conflict is to designate bank accounts which you intend to give to a specific family member as “payable on death” (POD) or “transferrable upon death” (TOD). A POD/TOD bank account pays out upon your death only to the specific person named as beneficiary on the account. This type of bank account is beneficial because the money does not need to pass through the estate first, where a dispute over who should receive the funds can arise, and because it creates a paper trail clearly showing your intentions for the contents of the bank account. This also will help avoid the types of disputes that arise from the use of joint accounts.
Another way to nip any potential conflict over your estate in the bud is to include a “no-contest clause” in your will. This clause essentially states that any heir who contests the validity of the will in court loses his or her interest in the estate. You can also prevent conflict and avoid prolonged estate administration disputes by only naming one executor in your will. While having co-executors may sound like a good idea, it can actually create more issues in the administration of an estate and drag the process out, as the co-executors may disagree with each other about various aspects of the estate. One executor is sufficient to get the job done and is preferable.
Lastly, many problems can be solved by discussing your estate plan with your beneficiaries and explaining your reasons for the terms in your will. You also may explain your reasons for particular provisions in the will itself. If your heirs understand your thought process in preparing your will and are aware of the terms, there will be no surprises.
As a Georgia estate planning attorney, I have years of experience with assisting my clients with writing their wills and other details of planning for what will happen to their estate. If you have questions about estate planning, or even if you find yourself in a family dispute over the probate of an estate, please email me or call my Atlanta probate firm at (404) 445-7771.
