When Ohio residents talk about wanting to avoid probate, they may be referring not so much to the almost inevitable time and effort it takes to settle their loved one’s financial affairs after they die.
Instead, they may have in mind the nightmare scenarios of intra-family fighting and years of costly delays for which probate battles are notorious.
Although no amount of planning can guarantee that there will not be probate litigation, Butler County residents can take certain steps that reduce its likelihood.
Good communication and careful planning are keys to avoiding litigation
The following steps come from Wings for Widows, a not-for-profit dedicated to promoting financial stability among those who have lost their spouses:
- A Hamilton resident should develop a clear and comprehensive legal estate plan that accounts for their family’s circumstances.
- Beyond that, though, it is also important that they act consistently with that estate plan. Actions and even statements that seem to contradict the estate planning documents can be used as a basis for challenging a will or trust.
- On a related point, while still healthy, the person should communicate both the details of the estate plan and the reasons for it. It makes for good drama on television, but what is in a person’s estate should not be a surprise for grieving relatives. Putting off difficult conversations about it can cause legal trouble down the road.
- Executors of wills or trustees also run into trouble by not clearly communicating during the probate process as they administer an estate. Minimally, they need to meet legal and court-imposed deadlines. They should strongly consider going beyond the minimum. Not doing so can make family members suspicious of each other and the executor.
- As part of good communication, an executor should carefully document their own fees and other expenses of the estate. A reason beneficiaries might challenge an executor’s appointment is that they seemingly squander the estate’s property or rack up their own fees.
Overall, despite any pressure to wrap the estate up quickly, an executor should not rush the process or try to cut corners even with what seems like formal paperwork.
Even when the family is on the same page, missing steps can still cause legal delays or lead to the loss of an estate’s resources and to hard feelings.
Those involved in planning or administering an estate should understand their legal rights and responsibilities and proceed with proper care.