On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | November 2, 2023 | Estate Administration & Probate
In an ideal situation, at your death, your estate would be administered and distributed harmoniously, without snags or mistakes. However, there are a few ways estate administration can go wrong, resulting in resentment and even lawsuits.
Confusing or ambiguous language in estate planning documents can lead to legal disputes among beneficiaries. Vague terms or unclear instructions often result in family members contesting the will or trust, causing delays and financial drain on the estate. It is important to review the drafts of your estate planning documents before signing to make sure your wishes are properly reflected, and the wording is clear. However, it is also important to regularly review your estate planning documents after you sign them. Specifically, it is important to review your estate planning documents after major life events like marriage, divorce, birth, death, a move from one state to another, and changes in financial status.
Working closely with an estate planning attorney can help reduce the likelihood of conflict by helping you craft precise language and update your documents to adapt to changes in your life.
Missing or lost estate planning documents can be as detrimental as confusing documents. Missing documents, especially wills and trusts, can create chaos and confusion during estate administration. For example, at your death, your original will must be deposited with the court. If no original will is found, it is presumed under law that you intended to destroy the will and your assets will be distributed as if you never had a will. Your personal representative would have the burden of proving to the court that you did not intend to revoke that will, which in most cases can prove difficult, costly, and time consuming.
To help prevent losing or misplacing your estate planning documents, you should keep the documents in a place safe from theft and the elements (including fire and water damage). Home safes or fireproof cabinets are good places to store your documents. However, it is not recommended that you store your estate planning documents in a safe deposit box that no one else has the ability to access, as your loved ones will need to obtain a court order to access the box in the event of your death or incapacity. It is also important to inform trusted individuals of the location of your estate planning documents and provide them with access (like a code or key), if applicable.
If any of your estate planning documents are missing or lost, contact an estate planning attorney.
