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The United States is in the midst of the largest generational wealth transfer in history. Over the next few decades, baby boomers are expected to pass down an estimated $84 trillion in money and property,¹ around $18–19 trillion of it related to residential real estate.²

For millions of younger Americans, this means inheriting a parent’s or grandparent’s home. But while a house can be a generous gift that might seem like a windfall, the financial and practical realities of owning a home can quickly turn that gift into a burden for heirs who are not fully prepared. 

A mortgage does not automatically disappear when a home changes hands. Ongoing costs—such as property taxes, insurance premiums, utility bills, and deferred maintenance—can also quickly pile up. And if the home lingers in probate or stays in a trust before transferring to beneficiaries, questions may arise about who is responsible for covering these expenses in the meantime.

If the house needs major repairs or is in a high-property-tax area, the costs can be staggering. On top of that, other “hidden” costs, such as cleaning out decades’ worth of accumulated stuff (which may or may not have financial or sentimental value) or replacing major outdated appliances, can surface. 

This is not to say that inheriting a home is a bad thing—far from it. With home prices at record highs and many Americans priced out of the market, inheriting a house can be a life-changing opportunity. However, without proactive estate planning and frank conversations about the true costs of home ownership, it can also bring surprise expenses, family conflicts, and tough decisions. 

The Costs of Home Ownership

There is the home we can afford on paper—and the one we can afford in reality. The gap between the two may be wider than we realize. 

A mortgage alone can cost thousands of dollars per month. If there is still a balance on the home loan when the owner dies, the lender will expect payments to continue. An heir who wants to keep the property may be able to assume the existing mortgage, but this outcome is not guaranteed and depends on the lender and loan type. In some cases, the heir may instead be required to pay off the remaining balance or refinance the loan.

The expense of a mortgage is just the start. Hidden costs can quickly upend budgets and turn an inherited sanctuary into a money pit, especially for first-time homeowners unprepared for the realities of home ownership. Common ownership costs that heirs may overlook when they inherit a home are:

• Property taxes. Mortgages eventually end, but property taxes do not. In some states, the home may be reassessed at its current market value after the owner’s death, potentially triggering a steep tax increase.
• Utilities. Services such as water, gas, electricity, and trash pickup should remain active even after the owner passes away. Cutting them off completely can lead to problems such as frozen pipes or mold and may result in costly reconnection fees or permanent damage in extreme cases. Once the heir takes over ownership, they will be responsible for these utilities, along with other monthly expenses such as internet and cable.
• Maintenance and repairs. Routine upkeep such as lawn care or snow removal may be legally required under local ordinances. Major repairs (e.g., roof repairs, HVAC replacements) can cost tens of thousands of dollars, and they become almost inevitable as the home ages.
• Homeowner’s insurance. Homeowner’s insurance policies will need to be updated after the owner’s death to reflect the new ownership. Premiums may increase, and if the property will be unoccupied for an extended period, the insurer may require a vacant home policy. 

A Bankrate study pegs these hidden ownership costs—maintenance, utilities, property taxes, home insurance, and internet and cable—at an average of around $21,000 per year in 2025, depending on location.³ These costs are in addition to the mortgage, which, the study authors caution, is just the beginning. 

Before the beneficiary can even address these routine costs, there may also be cleanup expenses, moving costs, and potentially the cost of new appliances or emergency repairs from disasters or plumbing failures while the home was vacant. Pretty soon, what seemed like a gift can quickly become anything but.

Paying for Home Costs During (and After) Transition

A home is the single largest expense most people will ever undertake, whether they buy it themselves or inherit it from someone else. 

Understanding the true cost of homeownership and whether a beneficiary is ready to handle it is an important first step. But before ever reaching that point, there is a transition period that occurs after the original owner dies and before the keys are handed over to the new owner. 

Bills and expenses are not suspended during this period. They must be paid on time and in full while the property is in probate or held in trust, sometimes for months or years. 

Who is responsible for paying such bills and expenses? It depends on how the estate is structured and how quickly ownership transfers.

• Probate. If the deceased person owned the home in their individual name, the property must likely go through probate before title can be transferred to the beneficiary. Probate is the court-supervised process in which a deceased person’s final affairs are settled and their accounts and property are distributed to the entitled recipients. Until the probate process is complete, ongoing expenses generally fall to the estate itself. The executor (known as a personal representative in some jurisdictions) uses estate funds (the deceased owner’s money) to cover the mortgage, taxes, insurance, and upkeep. If there is not enough cash, the executor may need to sell or liquidate other accounts and property.
• Trust. For a home held in a trust, the trustee manages associated expenses using trust funds. However, as with a home in probate, if the trust lacks liquidity, the trustee might need to liquidate other trust accounts or assets to continue making payments on time.
• No immediate transfer. When there is no clear plan—or when disputes arise among the deceased’s loved ones over who is entitled to the property—the home may sit idle, leading to mounting expenses, potential tax complications, and a decline in property value if upkeep and payments are not consistently maintained.
• Post-transfer (beneficiary ownership). Once home ownership legally transfers to the beneficiary, the financial responsibility shifts entirely from the estate or trust to the new owner. 

Estate plans can include a cash reserve to cover transitional and post-transfer costs. Holding these funds in a trust—regardless of whether the home is also held in the trust—can spare loved ones financial strain and give them time to decide whether to keep, sell, or rent the property.

Leaving the home to a loved one through a trust rather than transferring it outright allows the original owner to specify plans for the home. The trust can state who gets the home (and when) and what they can (and cannot) do with it. For example, the trust may stipulate that the home can be used only as a personal residence and not as a rental property. 

A trust structure for an inherited home can bring clarity, and a cash infusion to fund upkeep, which can prevent the home from falling into disrepair. However, a trust that is too restrictive or does not have enough money to cover expenses could cause problems down the road. A beneficiary may not have the authority to sell the property or the funds to maintain it while the home is owned by the trust.

Such dilemmas and the question of who is responsible for what costs and when could be addressed with proactive estate planning and the use of planning tools, such as the following:

• Property held in trust with a right of occupancy. This arrangement grants someone (often a spouse or partner) the right to live in the home for life or a specified period without transferring actual ownership of the home out of the trust. When the occupancy period ends, ownership of the property passes to other named beneficiaries. The terms of the right of occupancy will clearly define which expenses are the occupant’s responsibility and which will be paid by the trust, leaving no room for uncertainty. If the trust is covering any costs, it may set aside a lump sum to ensure those obligations are met.
• Transfer-on-death (TOD) deed. This type of deed (though not legally recognized in all states) allows a home to transfer automatically to a named beneficiary upon the owner’s death, avoiding probate court involvement. With no probate or trust administration required, responsibility for the home’s expenses and costs is always clearly defined.  
• Joint ownership with rights of survivorship. While types of property ownership vary widely by state, creating a joint ownership with survivorship rights in a home generally means that, when one owner passes away, that owner’s share of the property automatically transfers to the surviving co-owner without the need for probate or trust administration. While this option provides clear guidance as to who the owner of the property is when someone passes away and, therefore, who is responsible for paying its associated costs, it carries significant risks. Adding someone as a joint owner of your home is legally considered a gift, which could trigger gift taxes and require filing a gift return, depending on the home’s value. The property may also be exposed to the new co-owner’s creditors, divorcing spouses, or legal judgments, meaning you could lose your home because of their debts. Also, the new co-owner would have to sign off on any future transactions, such as selling the property, obtaining a mortgage, or refinancing the home.

There is no single right way to pass down a home. The best approach depends on factors such as family dynamics, property value, and whether funds will be available to support the home during any in-between phase.

Hidden Estate Plan Considerations for Handing Down a Home

Passing down a home can create more than just financial burdens for beneficiaries; the emotional and practical challenges can be just as significant. Disagreements may surface if multiple beneficiaries want the property or cannot agree on how it should be used, and tensions may arise when one person struggles to budget for ongoing costs such as taxes, insurance, and maintenance. Such challenges can strain relationships and delay important decisions. Planning ahead and setting clear expectations now can help prevent future conflicts and ensure a smoother transition for everyone involved.

If you are considering passing down a home, keep these points in mind:

• Be clear about who will receive the home. Specify in your estate plan exactly who will inherit the property to avoid confusion, disputes, or competing claims among loved ones.
• Define rights and responsibilities for multiple owners. If the property will be shared—such as a family cottage given to several children—outline in writing how it will be used, who is responsible for maintenance, how expenses will be split, and what happens if one owner wants to sell their share.
• Prepare a young beneficiary for the costs of homeownership. If you plan to leave the home to someone who has never owned property before, walk them through the housing budget while you are alive, or leave a detailed list of ongoing expenses so they understand the financial commitment before accepting ownership.
• Declutter and prepare the home. Clearing out the house now spares beneficiaries and loved ones the emotional and logistical burden of sorting through decades’ worth of belongings later. Movements such as minimalism and “Swedish death cleaning” ⁴encourage paring down possessions, which can also make the home more market-ready if a future sale is likely.

Leave a Home, not a Headache

Despite all the complex legal mechanisms available to transfer home ownership, perhaps the simplest—and often overlooked—part of the process is having a straightforward discussion with your loved ones to prepare them for home ownership before you pass. Talking about the fate of a family home inevitably involves some uncomfortable discussions, but they can help nip later financial discomfort and family discord in the bud. 

However, talk alone—no matter how honest—is not enough if it is not backed by a solid plan that is ready to implement.

Your home may be the most valuable part of your legacy and estate plan. To help your loved ones get as much value from it as you have, talk to our estate planning attorneys. 

1. James Royal, Ph.D., An $84 trillion wealth shift is underway, and you may soon inherit a piece of it. Here’s what to expect, Bankrate (June 25, 2025), https://www.bankrate.com/investing/the-great-wealth-transfer. ↩︎
2. Anthony Smith, Boomers Are Sitting on Nearly $19 Trillion in Real Estate—Here’s Where They Hold the Most Housing Wealth, Realtor.com (July 21, 2025), https://www.realtor.com/news/trends/baby-boomers-home-equity-wealth. ↩︎
3. Linda Bell, Study: Owning a home costs over $21,000 a year in hidden expenses, Bankrate (June 9, 2025), https://www.bankrate.com/home-equity/hidden-costs-of-homeownership-study. ↩︎
4. John P. Weiss, This Is What Swedish Death Cleaning Taught Me About Life, becomingminimalist, https://www.becomingminimalist.com/death-cleaning (last visited Aug. 22, 2025). ↩︎

If you have been named the person responsible for settling a deceased loved one’s affairs, commonly called an executor or personal representative (if your loved one had no estate plan or had a will) or a successor trustee (if they had a trust), you may find yourself overwhelmed by grief and a growing list of responsibilities. As the person in charge of winding up your loved one’s affairs, you may find yourself juggling many tasks: planning the funeral, coordinating with relatives arriving from out of town, and meeting with an attorney to start the legal process of paying for final expenses and any outstanding debts so the money and property can be distributed to the appropriate recipients. First and foremost, be sure to take care of yourself during this emotional time. 

To help you manage the responsibilities now on your plate, here is a quick checklist of important steps that will make it easier when you meet with us to discuss handling your loved one’s legal affairs. Some of these tasks have important deadlines, so be sure to reach out sooner rather than later.

• Secure the deceased person’s belongings. Make sure their vehicle, home, important documents, and other valuable items are safe. This action not only protects items intended for distribution but also ensures that critical estate planning documents and information about assets are preserved and accessible as you begin settling the estate.
  
• Notify the post office and consider forwarding your loved one’s mail to your address. This action will help ensure that you receive the important bills, account statements, and other correspondence necessary to wind up their affairs.
  
• If your loved one wrote an ethical will (sometimes called a legacy statement or family letter)—a written document meant to share personal values, life lessons, hopes, and messages for future generations—consider sharing that with the appropriate people in a thoughtful way. You may even want to print and distribute copies to close family members or others who would find meaning in the words.
  
• Obtain several copies of the official death certificate, both short and long forms. You will need them for a variety of tasks, including working with banks, insurance companies, government agencies, and other institutions that require proof of your loved one’s death. Having multiple copies on hand will help prevent delays as you begin settling their affairs.
  
• Notify the Social Security Administration of your loved one’s death. Prompt notification helps prevent overpayments and ensures that any eligible survivor benefits can be processed without delay.
  
• Take care of any Medicare paperwork needed to report your loved one’s death. This helps ensure that future charges are stopped and the account is properly closed.
  
• Contact your loved one’s employer to ask about any work-related benefits (such as a final paycheck, unused vacation or sick time, or employer-provided life insurance). They can guide you on how and when these benefits will be paid.
  
• Notify all relevant insurance companies, starting with your loved one’s health insurance provider. Be sure to also contact insurers for life, auto, homeowner’s or renter’s, and other important policies. While some coverage may no longer be needed and can eventually be canceled, you may need to wait until you are formally appointed executor or personal representative by the probate court to take official action. That said, you can often begin gathering the necessary paperwork in the meantime to avoid delays later on.
• Gather all important estate planning documents, including the will, the trust, and any powers of attorney. Ideally, you will be able to locate the original versions (rather than electronic or photocopies), especially the original will, as probating a copy is often much more difficult and may require additional legal steps. 
• Identify your loved one’s financial accounts (including bank accounts, investment accounts, retirement accounts, and life insurance policies) as well as any real property (such as their primary residence, family cottage, vacant land, or rental properties). Remember to include any business interests they may have had. Eventually, you will need to obtain valuations for each of these items, so locating recent account statements, appraisals, or other documentation now will be especially helpful later.
• Identify your loved one’s significant digital assets. This includes such things as email accounts, social media profiles, photo cloud storage, and online financial accounts. Try to locate a list of these accounts along with any log-in credentials. Access to this information can be essential for closing accounts, recovering important data, or preserving digital memories.
• Compile information about any debts, bills, or ongoing expenses your loved one may have had—such as credit cards, loans, or utility payments. It is often easiest to bring the actual statements or credit cards with you to our office, but feel free to use whatever method works best for you.
• Locate your loved one’s tax returns from the past few years, and check whether this year’s return (Form 1040) has been filed. If they had a tax preparer, consider contacting them for copies and assistance with any final filings.
• Prepare a list of your loved one’s surviving family members, including contact information when available. Even if certain relatives are not named in the trust or will, we still need to be aware of all close family members. If you know of anyone else named in the will or trust (such as a friend or a charity), please include their contact information.
• Create a list of the deceased’s professional advisors, including their financial advisor, insurance agent, tax professional, and any other relevant contacts. These individuals may have valuable information and will likely play an important role in making the administration process smoother and more efficient.
• Notify the appropriate agencies to cancel your loved one’s driver’s license, passport, voter registration, and any club or organization memberships. You should also notify the major credit bureaus (Equifax, Experian, and TransUnion) of their passing. Taking these steps helps prevent identity theft and reduces the risk of receiving unwanted mail in their name.

You may be thinking about handling all the paperwork yourself. It is a tempting thought; why not keep things as simple as possible? However, taking a do-it-yourself approach to estate or trust administration can lead to costly mistakes and serious consequences for you and your loved one’s desired beneficiaries. There are many rules and legal steps involved, and even a small mistake can have big consequences.

We are here to help you steer clear of the common obstacles that may arise when settling a loved one’s affairs, so you can focus on yourself and your family during this difficult time. Contact us for assistance. We can help you manage estate- and trust-related concerns as well as point you toward other useful resources.

When somebody close to us passes away, we are left with constant reminders of them. Maybe it is a jacket hanging in the closet that still bears the scent of their cologne, a dog-eared book on their nightstand, their handwriting on a scrap of paper, a bench where they sat and fed the ducks, or the coffee cup they always used.

At times, something small—such as a phrase they used, the smell of their favorite flower, their empty place at the dinner table, or a song they loved—can trigger powerful memories and imbue the moment with their presence, reminding us that they are gone but never forgotten.

We all deal with death differently. Some of us are content with these private, persistent reminders that help keep a loved one’s memory alive. Others want to create a tangible item to remember them by that can be displayed and shared.

There are many ways to turn memories into mementos and honor a beloved friend’s or family member’s passing. These tributes can also be a creative and strategic way to use estate assets. Planning ahead provides your loved ones with more flexibility in using your money and property for dedications and memorials. A well-thought-out plan can even set aside money for such purposes.

Personalizing Death

Where—and how—Americans find meaning in life has changed in recent years. These shifts can be seen not only in how we live but also in how we choose to say goodbye.

A growing number of families are seeking alternatives to traditional funerals, which they may see as dark or gloomy. According to the National Funeral Directors Association, rates of cremation are rising, burial rates are declining, and more families are opting for “innovative and personalized services.”^[1]

People increasingly want funerals that reflect the unique life of the deceased. This includes incorporating hobbies, passions, and personal preferences into the service, such as green and alternative funeral options and nontraditional funeral locations. Choice Mutual says that the trend toward eco-friendly and alternative funeral options “reflects a growing environmental consciousness and a desire for more . . . meaningful end-of-life ceremonies.”^[2]

With religion and religious observances on the decline, many people do not want a funeral. Celebration of life services that emphasize personal stories and memories are gaining traction. These services often incorporate touches such as the deceased’s favorite music, photos, hobbies, and shared stories.

Even among those who prefer a more traditional burial, there is a shift toward personalized memorials, including headstones etched with portraits and even virtual tombstones and QR codes linked to digital stories.

Cost may also influence some of these choices. The median cost of a funeral with a casket and burial is around $8,000, while an alternative cremation casket and urn can cost around $6,000.^[3] A majority of Americans told Choice Mutual that they rely on life insurance or burial insurance to cover funeral costs.^[4] Fewer rely on personal funds or prepaid burial plan options.^[5]

Beyond the Gravestone: Thoughtful Tributes to Memorialize a Loved One

If you ever sit on a park bench that bears an inscription memorializing a nature-loving local, you may find yourself wondering about them and their life. The inscription might also inspire you to do something special for someone you love.

Here are some heartfelt and creative ways to celebrate a loved one’s memory:

• Display photos. Photos on your phone can be given a newfound meaning and purpose in a display that tells the story of a dearly departed. Use a traditional picture frame, set up a digital frame that displays multiple photos as a slideshow, or create a gallery wall with multiple shots from your loved one’s travels, family milestones, and quiet everyday moments that defined them.
• Make a donation. Buildings and exhibitions that bear the names of affluent, generous citizens are beyond the financial means of most families, but there are other meaningful—and affordable—ways to honor a loved one’s memory. Consider a donation in their name to a place they loved visiting or volunteering at, such as a zoo, animal shelter, or place of worship.
• Volunteer your time. You might not know much about Mom’s weekly shifts at the shelter, but now that she is gone, you can reconnect with her—and build new connections—by volunteering yourself and carrying on the work she cared deeply about.
• Plant a tree or garden. In lieu of sending flowers, plant some instead. A memorial garden or tree planted in honor of a loved one, perhaps on family land or in a community park they frequented, creates a living legacy. Add a plaque with their name or a quote they lived by and choose plants tied to their personality or specific memories.
• Create a memory book or scrapbook. Sorting through and cleaning out the belongings of a deceased loved one can be physically burdensome and emotionally draining. To help process your grief and turn these leftover items into meaningful reminders, collect photos, letters, and other odds and ends for a memory book or scrapbook.
• Transform ashes into keepsakes. Scattering your loved one’s ashes in a special location is one way to experience closure. Another option is to have their ashes turned into a keepsake, such as cremation jewelry, an ornament, a paperweight, artwork, or a cremation tattoo.
• Start a scholarship fund in their name. For a loved one who championed education or a specific cause, a scholarship or grant funded in their name lets them continue to make a positive impact on the lives of others.
• Cook up a recipe book. The sense of smell is uniquely linked to memory and can spark a strong emotional reaction. Pay homage to a loved one who cherished special meals by compiling their favorite recipes into a book to share with family and friends that makes reconnecting as easy as following the steps and measurements.
• Commission custom artwork. Turn their intangible essence into a tangible work of art. It could be a portrait or poem reflecting their love of nature that you attach to a favorite tree; a piece dedicated to a local library they visited; a book crafted from letters and recordings; a painting, sculpture, or digital artwork inspired by their life; or photos woven into a slideshow that tells their story.
• Create mementos from their belongings. When your loved one passes away, they leave behind all of their worldly possessions, including their clothes. Instead of throwing away or donating all of their clothing, consider repurposing a few meaningful pieces as blankets or stuffed animals that can be given to loved ones.

For additional inspiration and discussion on how to remember your loved one, schedule a meeting with us today. We can also work together to create an estate plan that will allow your memory to live on for generations to come.

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1. U.S. Cremation Rate Is Projectd to Climb to 61.9% in 2024, NFDA (July 25, 2024), https://nfda.org/news/media-center/nfda-news-releases/id/8944/us-cremation-rate-is-projected-to-climb-to-619-in-2024. ↩︎
2. Anthony Martin, 2024 Survey Results: Alternative Burial Options & Preferences Across America, Choice Mutual (Jan. 10, 2025), https://choicemutual.com/blog/funeral-preferences. ↩︎
3. Statistics, NFDA (Sept. 24, 2024), https://nfda.org/news/statistics. ↩︎
4. Martin, supra note 2. ↩︎
5. Id. ↩︎

Estate planning attorneys are often asked where original estate planning documents—wills, trusts, powers of attorney, and healthcare directives—should be stored for safekeeping. While there is no right or wrong answer to this question, consider the following:

Should you store your original estate planning documents in your safe deposit box?

Some people believe that the best place to store their original estate planning documents is in their safe deposit box at a local bank. This may make sense if you have given your spouse or a trusted child, other family member, or a friend access to your box. However, giving someone permission to access your safe deposit box does not give them the same legal rights to it that you have. Because a safe deposit box is a rental arrangement (you are leasing the box from the bank), if you are the only one who signed the lease and you become incapacitated (unable to manage your affairs) or die, no one else will be able to open your box, not even the people to whom you have previously given access. Depending on your state law, the only way for someone else to gain access to your box if you become incapacitated or die may be to obtain a court order, which wastes time and money.

If you are not comfortable giving someone else immediate access to your box, some banks may allow you to add your revocable living trust as an additional lessee, which will give your successor trustee access to your box if you can no longer serve as trustee of your trust for any reason. Also, if you use a safe deposit box to store important items such as your estate planning documents, ensure that your trusted loved ones know which bank has the box—and the exact branch where it is located. They will also need to know where you keep the key. 

One final caution about using a safe deposit box for your estate planning documents: Banks have limited hours. If your loved ones need to access your documents outside of banking hours, they will not be able to.

Should you store your original estate planning documents in your home safe?  

Home safes are popular these days, and are a good choice to store your documents. Consider how difficult yours is to move (bolted to the floor). It should be fireproof and waterproof. In addition, ensure that someone you trust has the combination to your safe or can easily gain access to the combination if you become incapacitated or die. 

Should you ask your estate planning attorney to store your original estate planning documents?

Traditionally, many estate planning attorneys offered to hold their clients’ original estate planning documents for safekeeping (usually without charging a fee). Today, most do not want to take on the liability. In addition, as the years go by, it may become difficult for your loved ones to track down your attorney, who could have changed firms, become incapacitated, or died.  

Should you ask your corporate trustee to store your original estate planning documents?  

If you have named a bank or trust company as your executor/personal representative or successor trustee, this may be the best place to store your original estate planning documents if they are willing to do so. Banks and trust companies often have specific procedures in place to ensure that your original estate planning documents are stored in a safe and secure area. If you choose this option, ensure that one or more of your loved ones know where your original documents are located.

Regardless of where you decide to store your original estate planning documents, ensure that your family members, a trusted friend or advisor, or your estate planning attorney knows where to find them. If your original documents cannot be easily located, it may be legally presumed that you purposefully destroyed them, depending on your state law. Without your estate planning documents, your money and property will be divided among your family according to state law and distributed outright. It will not matter that you wanted something different if no one can find your documents. If you have questions about the best place to store your documents or would like to discuss creating or updating your documents, call us at (812) 323-8300 or visit us at www.LikeLawGroup.com

Many estate plans contain revocable living trusts that will become irrevocable (cannot be easily changed or terminated) when the trustmaker dies. Such trusts may benefit the surviving spouse during their lifetime and may continue for the benefit of several additional generations. Because these trusts can be designed to span multiple decades, it is crucial to choose the right succession of trustees.

Does Your Chosen Successor Trustee Have to Act Right Away?

When you create your revocable living trust, you will usually be the initial trustee. You will still be in charge of managing your accounts and property as you see fit while you are alive and well, but the trust becomes the legal owner of those accounts and property instead of you as an individual. However, you will likely also be the beneficiary of the trust while you are alive, so you will be able to benefit from the trust’s accounts and property throughout your lifetime. With this arrangement, your selected successor trustee will not step in to manage your property unless you resign or desire someone to act as co-trustee with you, you become incapacitated (unable to manage your affairs), or you pass away.

Should You Name Family Members as Your Successor Trustees?

Your trust is intended to continue for years, so choosing the right succession of trustees is critical to its longevity and ultimate success. The successor trustee you select could be the same person paying your bills if you are alive but incapacitated (your agent under your financial power of attorney), or they could be someone different.

You may assume that a family member, such as your spouse, a sibling, or an adult child, will be the best person to serve as the trustee of your trust when you are no longer able to serve. You may think family members will better understand the varying needs of your beneficiaries and keep the costs of administering the trust down.  

However, in reality, family members may not be able to fulfill all of their fiduciary obligations, either because they do not have the time or because they do not feel comfortable managing the financial, legal, or distribution requirements of the trust. If family members are not the best option for your successor trustee, you may be able to choose a corporate or professional trustee. One advantage of selecting these types of trustees is that they can often meet all fiduciary obligations under one roof for a specified fee. In addition, a corporate or professional trustee will act in an unbiased manner when making distributions and investments, which will benefit current and future beneficiaries. This option can be beneficial if you have a blended family and would like to provide for your surviving spouse while having anything that is left over held for the benefit of your children from a prior relationship. In situations like this, you may not want your surviving spouse or child from a previous relationship to be in charge of managing the money because they could have conflicting priorities. Also, a corporate or professional trustee will not get sick or be too busy to oversee the trust’s day-to-day administration.

Should You Give Your Beneficiaries the Power to Remove and Replace Trustees?

Forcing your trust beneficiaries to be stuck with the wrong trustee without a reasonable means for removing and replacing them may cause an expensive visit to the courthouse. 

It may be necessary to build provisions into your trust agreement that will allow your beneficiaries or an independent third party, such as a trusted advisor or a trust protector, to remove and replace the trustees without court intervention. The fact that the trustee can be removed and replaced without going to court is often an incentive for the trustee to work out any differences with the beneficiaries. On the other hand, to prevent beneficiaries from removing trustees without valid cause, you might prefer to involve the court if a trustee needs to be removed.

What Should You Do?  

Selecting a successor trustee is one of the most important decisions you will make when creating a trust. Though family members or loved ones may be your initial choice, you should give serious consideration to designating a corporate or professional trustee, either alone or as a co-trustee with a family member or loved one.

If you have family members named as your successor trustees, please contact our office so that we can discuss all of your trustee options.

Estate planning is an exercise in anticipating potential future events that could affect your plans for what happens if you become incapacitated (unable to manage your own affairs during your lifetime) and how your assets (property and accounts) will be handled after your death. The more you plan for what life might throw at you, the less you leave to chance—and the more protected your legacy and loved ones will be. 

However, is there such a thing as being too prepared? 

For parents of minor children, too much planning is generally preferable to not enough. The same can be said for those who are expecting a child or planning to adopt. However, if you do not have children at your death and your estate plan references a child who exists only in theory, it can present unnecessary complications. 

While it might be a good idea to acknowledge future children in your estate plan, avoid getting bogged down in the details. Default language, regular estate plan reviews, and clear communication with trusted decision-makers can help strike the right balance. 

• Pros. If you anticipate having a child sometime in the future, you can create a flexible plan that considers the possibility and guarantees their inclusion in your estate plan, preventing their accidental disinheritance and allowing you to express your guardianship wishes. Having a plan is better than having no plan. 
• Cons. Planning too far in advance may be overkill if you are not currently expecting or planning to have children. It could lead to a plan that does not align with present circumstances or your future wishes and makes it harder for your executor or trustee to smoothly wind up your affairs. Flexibility and simplicity are key. 

Many Parents Lack Estate Planning Documents

Some of the latest findings on estate planning paint a concerning picture about the preparedness of Americans to deal with their sudden death or incapacitation. 

According to a 2025 survey from Caring.com, the number of Americans with a will has declined steadily since 2022 and is now at around 24 percent. In other words, around three in four Americans have no plan for how their money and property will be distributed at their death, who will inherit it, when their beneficiaries will receive their inheritances, who will control distribution, and who will raise their minor children if something happens to them. 

While the birth of a child was the fifth most common reason for individuals without an estate plan to consider creating one, the majority of respondents with minor children have no estate plan.

This situation is particularly concerning because it means that many parents have no plan in place to protect their children if they die or an illness or injury prevents them from taking care of their children, either temporarily or permanently (i.e., incapacity). 

Parents without an estate plan might not realize that a will does more than handle accounts and property—it lets them provide specific guidance about who should care for their minor children in the event of an emergency. By outlining guardianship in a will, parents get a voice in deciding who takes responsibility for their children instead of relying solely on the court.

Considering Future Children in an Estate Plan

Many parents have not even planned for their existing children, let alone children who are not yet born or may never exist. 

Planning for future children in an estate plan represents the other side of the planning coin and presents the prospect of being overprepared, but it is not entirely unwarranted. 

The accidental omission of a child in an estate plan does occur. There are prominent examples of this happening to the children of celebrities, such as Heath Ledger. When Ledger died in 2008, his will—written before his daughter, Matilda, was born—left everything to his parents and siblings. Despite this, Ledger’s family chose to give his entire estate, worth around $16 million, to Matilda.

The cause of inadvertent omissions in such cases is that the parents’ estate plans had not been updated after the children were born. This highlights the importance of regularly reviewing and updating an estate plan, especially when your family is growing—whether through a pending birth or adoption. 

Among people who do have an estate plan, there is a tendency to “set it and forget it” and not make regular updates. Caring.com found that nearly one-quarter of respondents had not updated their estate plan since creating it. Others had waited a decade or more, instead of the recommended three to five years, to update their plan. 

Planning for children who are not yet part of the family can avoid the worst-case scenario of parents failing to put guardianship and inheritance measures in place, as well the equally disastrous scenario of having an out-of-date estate plan that omits a new family member. However, it adds layers of complexity and requires a balance between planning ahead and avoiding overly convoluted what-ifs that make a plan difficult to execute. 

Parents who want to plan for future children should focus on creating a solid but flexible foundation that can be easily adapted as life changes. Here are some ideas about how to achieve that: 

Use Inclusive Language in Your Documents

Broad estate plan provisions can ensure that any future child is automatically considered part of your estate, alongside your other children if you have any, and receives a share of it. For example, phrases such as “all my children, living or hereafter born or adopted” cast a wide safety net that captures all your children, born and unborn. 

Using language that treats all children equally can prevent accidentally leaving a future child out of your estate plan. It can also help avoid familial strife or legal battles over inheritance. 

This approach assumes that you would want a new child to be treated the same way as your other child(ren). However, as parents know, no two kids are the same. What might be suitable for one may not make sense for another. Therefore, it is equally important to update your plan following the birth or adoption of any children. 

Consider Trust Provisions

Parents have the flexibility to decide how distributions will be made to their children, whether through a revocable living trust or testamentary trust provisions in their wills. Trusts can be set up to manage money and property for future children under the direction of a trustee, allowing distributions to be made when certain conditions are met, when specific milestones are reached, or entirely at the trustee’s discretion. 

Giving wide authority to a trustee can help offset future uncertainties about when and how distributions should be made, but relying so much on a single individual can be risky, particularly when you are not sure how an unborn or yet-to-be-adopted child will turn out and what their needs will be.

Express Guardianship Wishes

When it comes to guardianship for future children, you are not naming a guardian for a specific child but establishing a guideline for guardianship of any and all minor children. Clauses might stipulate that the guardian named for existing children will be the same for a prospective child. However, before taking this step, talk to potential guardians about their willingness to take on additional responsibilities. 

You may understandably want to keep the kids together and not name multiple guardians, but kids can have specific or special needs that are better suited to different guardians, and this is impossible to know before a child is born or adopted. Again, no two children are exactly alike. 

Naming a guardian too far in advance can also fail to account for changing circumstances in both the children’s and the guardians’ lives. Understand that for all of your children—actual and hypothetical—expressing guardianship preferences does not guarantee a specific outcome. The court will ultimately make the final decision based on the child’s best interest after considering the prevailing circumstances. 

Avoid Excessive Complexity

A thorough estate plan that broadly incorporates what could happen is generally a good approach. However, the more contingencies you plan for, the more complex your estate will be to administer after your death. 

Including numerous if-then scenarios could overwhelm executors or trustees and potentially lead to prolonged probate, higher legal costs, and disputes about your true intentions. 

Plan for What Happens If You Die Without Children

Depending on how your plan is structured, planning for children you never have can produce several outcomes: 

• If your will or trust uses broad terms such as “my children” or “my descendants” or your plan references specific children who were never born or adopted—and you end up childless—your money and property will typically pass to your named contingent (backup) beneficiaries, if any.
• If you created elaborate alternative distribution plans, your executor or trustee would have to determine which scenario, if any, applies. In the absence of applicable scenarios, your money and property would likely pass to your contingent beneficiaries, or, in the absence of those, according to your state’s default inheritance laws.
• If you did not name contingent beneficiaries and there are no other clear instructions in your estate plan, your estate may need to go through the probate process. The probate court will use default state laws to determine who will receive your money and property, most likely your spouse, parents, siblings, and other relatives. 

Helping You Plan for Every Scenario

When incorporating unborn children into an estate plan, the goal should be clarity and simplicity to make the execution of your estate as smooth as possible. 

Do not overthink the specifics of how to divide your money and property among hypothetical future children. Focus on creating a flexible plan that accounts for the possibility of future children and clearly outlines your wishes for guardianship as well as the distribution of your money and property—both with and without children.

The most important thing is to have a plan in place and to update it in accordance with life’s changes. With help from an estate planning attorney, you can create a plan that balances what the future might hold and the demands of the here and now. 

From laws against selling doughnuts on Sundays to ordinances that prohibit tying a giraffe to a telephone pole, the annals of American jurisprudence are filled with archaic laws that, while still technically on the books, are rarely, if ever, enforced.

In Alabama, it is illegal to wear a fake mustache in church if it causes laughter. Massachusetts forbids dueling with water pistols. In Oklahoma, tripping a horse is a misdemeanor. 

However, not all outdated laws are mere trivia or historical oddity. Unlike these whimsical holdovers from a bygone era, dower rights, a centuries-old protection for surviving spouses (usually the wife), are actively enforced in several states and can impact estate planning in those states. Dower rights can also resurface in some states where they are no longer on the books if a spouse died prior to the law’s abolishment.

Although dower rights and other state laws (such as the elective share law Indiana has adopted) can provide a surviving spouse with a safety net, they are not a substitute for intentional estate planning; spouses are well advised to go beyond minimum legal requirements to incorporate more modern—and robust—legal protections for each other. 

What Are Dower Rights?

Historically, dower rights, a legal concept dating back to English common law, gave widows the right to one-third of their husband’s estate for their lifetime, providing them support at a time when women could not own property. 

Similar rights, known as curtesy rights, entitled a widower to his deceased wife’s property for the widower’s lifetime—but only if they had children together. 

In the few states where they persist today, dower and curtesy rights grant a surviving spouse an automatic interest in real estate owned by the deceased spouse, whether or not the surviving spouse is omitted from legal documents. 

How Do Dower Rights Work?

Dower rights grant the surviving spouse an ownership interest known as a life estate in the deceased spouse’s real property. 

A life estate means that the surviving spouse can use and enjoy the property during their lifetime, but they cannot sell it outright. Upon the surviving spouse’s death, ownership of that portion of the property typically passes to the next of kin or the deceased spouse’s named beneficiaries. Dower rights also terminate when spouses divorce; in some states, spouses may sign a release forfeiting their dower rights. 

Dower rights supersede a last will and testament, meaning that the surviving spouse retains their dower interest even if they are left out of their spouse’s will or their spouse dies intestate (without a will). These rights apply to real estate regardless of whether the surviving spouse is named on the property’s title. 

Dower and curtesy have mostly been abolished or replaced by more modern statutes, but they remain on the books in Arkansas, Ohio, and Kentucky.

• In Arkansas, a spouse’s share depends on having children. The surviving spouse gets a one-half life estate in the deceased’s real property if the deceased spouse had a child or children, or one-half outright (not a life estate) if the deceased spouse had no children. This right takes precedence over creditors’ claims in probate.

• In Ohio, a surviving spouse gets a life estate in one-third of the deceased spouse’s real property that they owned during the marriage. The right, which ends only by death, divorce, or written release at each property transfer, allows them to also receive one-third of rents or profits from the property for life.

• In Kentucky, when a spouse dies owning property in their sole name, the surviving spouse inherits half of that property outright. The surviving spouse can also receive a life estate in one-third of any real estate the deceased spouse owned during the marriage but not at the time of death. 

How Dower Rights Can Affect an Estate Plan

Dower rights can complicate estate planning and must be taken into consideration in the three states where they apply. They may still apply in other states if the spouse died prior to the abolishment of dower rights laws. 

In these instances, because the surviving spouse has a legal claim to a portion of the deceased spouse’s property, the deceased spouse cannot just leave the entire property to someone else in their estate plan. 

As a result, dower rights can complicate plans to sell or transfer property and may potentially conflict with the deceased’s wishes—especially if the deceased wanted their children or others to inherit outright.

If someone wants to leave their entire property to their children from a previous marriage, dower rights could give their current spouse an ownership stake or life interest in some of that property, leading to conflicts between the estate plan’s beneficiaries and the surviving spouse. 

For example, a person in a second marriage who owns a home solely in their name may wish to leave the home to children from their first marriage. However, if they reside in Kentucky, their current spouse may have a life estate in one-half of the home. This means that the surviving spouse can live in it or rent it out (and collect rent from one-half of the property’s value) for the rest of their life. The children from the first marriage still inherit the house as the will directs, but their ownership is subject to the current spouse’s one-half life estate. They do not get full control until the current spouse dies.

A surviving spouse’s dower rights in Arkansas, Ohio, and Kentucky are difficult—but not impossible—to terminate. Kentucky considers an act of adultery and subsequent abandonment grounds for canceling a spouse’s dower rights. In some cases, prenuptial or postnuptial agreements may also be used to waive or modify dower rights. 

Other Ways Surviving Spouses Are Protected

As societal norms have shifted and legal frameworks have evolved to reflect a more equal view of spouses in a marriage, dower and curtesy rights have largely been consigned to the dustbin of history. 

In 2017, Michigan was the last state to repeal dower rights following the US Supreme Court’s 2015 decision in Obergefell v. Hodges, which mandates states to recognize same-sex marriages. By eliminating dower, Michigan modernized its inheritance and marital property laws to treat spouses equally, regardless of gender.

However, the spirit of dower and curtesy rights as the safety nets of their time, protecting surviving spouses from possible destitution and dependency, live on in a modern legal concept known as the elective share. 

An elective share is a legal provision that permits a surviving spouse to claim a minimum share of accounts and property from their deceased spouse’s estate, regardless of the deceased spouse’s estate plan. 

Like dower rights, the intention of the elective share is to prevent a survivor from being disinherited and left destitute and gives them some level of guaranteed financial security. 

Also known as a spousal share or forced share in some jurisdictions, the specifics of the elective share vary by state, but generally, it gives the surviving spouse the option (hence the term elective) to either accept what is left to them in their deceased spouse’s estate plan or instead take a legally defined percentage of the deceased spouse’s assets—usually between one-third and one-half, depending on the state.

Most states, including Indiana, have an elective share law. California is a notable exception, but it and other states have laws—including community property laws, homestead exemptions, and spousal and family allowances—that protect surviving spouses in a similar manner. 

Take Protection into Your Own Hands

While dower rights and more modern protections such as elective share and community property laws offer a fallback for surviving spouses, they should not be exclusively relied on. Every marriage and every family has unique dynamics. Relying on default provisions and automatic protections may not adequately address a surviving spouse’s specific needs or your unique goals and objectives. 

Married couples can incorporate additional protections for their spouses into their estate plan, such as life insurance, beneficiary designations on retirement accounts, and a trust that provides income for a surviving spouse while preserving property for other loved ones. Owning property jointly with rights of survivorship can also provide for a surviving spouse by passing property to them directly, outside of probate. In some cases, a prenuptial or postnuptial agreement can help clarify financial rights and responsibilities, especially in second marriages or when one spouse has significantly more assets than the other. 

A strong estate plan goes well beyond the minimum legal requirements a state may offer and is tailored to a family’s unique situation and changing circumstances. Spouses should work together with an estate planning attorney to create a custom plan that respects state law, each other, and their personal and shared concerns. Call us to discuss how we can help you provide for your spouse and address any additional unique concerns that are a priority for you.

Do you ever feel like you never have a moment to yourself? Or that even if you manage to carve out some personal time, you are not spending it as effectively as you could be? 

Our always-on culture may counterproductively (and counterintuitively) be holding us back from achievement. We can work hard and stay busy without making any real progress on our long-term goals. Caught up in our day-to-day lives, we may lose track of the future and what we are working toward. 

By reflecting on your successes and failures from the past year and your priorities moving forward, you can bring more intentionality to your life and make conscious choices, including estate planning decisions, that align with what truly matters to you—not just now, but in the long run. 

What Is a Planning Retreat? 

You might have heard of a wellness retreat—a type of getaway that offers the chance to focus on self-care, relaxation, and spiritual growth.

A planning retreat is similar to a wellness retreat. Both are intended to promote time away from the stresses and distractions of everyday life. Both have become more popular in response to the burnout that many of us feel living in a fast-paced, tech-connected society that increasingly blurs the lines between work and personal life. While wellness retreats are more about enhancing present well-being, planning retreats emphasize achieving future goals—both personal and professional. 

A personal planning retreat can be a game changer. By removing yourself from your usual routine to self-reflect, set goals, and plan strategically, you can come away with a renewed focus about your future and the steps needed to get there. When you have a plan in place, you feel more in control of your circumstances, which can reduce the anxiety and stress that may hold you back from making real progress. 

How Does a Planning Retreat Work? 

A planning retreat does not require specific rules to be effective. You just need to set aside a meaningful amount of time to reflect on the past year and chart your course for the year ahead. 

Think of your planning retreat as your personal company retreat, although if you have a significant other, you might consider making it a joint effort to ensure that you are on the same page with regard to planning. 

Here are some ideas to help you make the most of a planning retreat: 

• Look back. Spring in particular is associated with fresh starts and renewal. Take some time to review the past 12 months. What were your wins and losses? Which projects exceeded expectations, and where did you fall short? What could you do differently next time? Were there things you wanted to get done but did not? Conversely, did you spend time on projects that did not move the needle or that could have been better spent elsewhere? An honest assessment can provide valuable insights that will inform your plans for the next 3, 6, or 12 months. 
• Look ahead. What do you want to achieve in the next 12 months? Start by planning for the things you know you must get done. Then make plans for things that are not required but would improve your life. These may be bigger-picture considerations such as starting a new business, reviewing your finances, budgeting, and creating an estate plan. As you plan ahead, identify fixed events—such as vacations, work projects, and school activities—that you cannot easily reschedule and will need to work around.
• Develop an action plan. A goal without a plan is just wishful thinking. Creating a roadmap for how to achieve your goals and writing it down can increase your chances of success. For each goal, outline the steps needed to achieve it. Make the steps specific, measurable, and perhaps most importantly, realistic. Identify the resources—including that most precious of resources, time—required to bring your vision to fruition, as well as the potential obstacles you might encounter and how you will deal with potential setbacks. 

Early in the planning process (say, day one), you can take a more casual approach, such as brainstorming and journaling, to give you time to relax and your thoughts space to breathe. Try writing by hand, which science suggests is better for processing information. 

Choose a location that inspires you and promotes reflection. You do not have to retreat to a secluded mountain cabin the way Bill Gates did on his “think weeks,” but you should pick a place that takes you away from your usual routine and daily distractions. That could mean taking a staycation at a hotel or Airbnb. 

Planning retreats should not be all work. Schedule time for activities that help you relax and recharge, such as reading, taking a walk in nature, meditating, or simply enjoying some quiet, uninterrupted time.

The typical planning retreat can last from two or three days to a week. If your schedule does not allow for that, a full day or series of afternoons can be just as effective. Plan your retreat in advance and block off the time on your calendar. 

Before packing your bags, clarify your retreat’s main purpose. Are you primarily focused on career planning, personal growth, relationship goals, financial planning, or a combination of these? Having a clear focus and intention will help you structure your time to address your priorities. 

Whatever objectives you set, tie them to tangible outcomes. For example, instead of setting the goal of “review my estate plan” or “start the estate planning process,” a more specific objective might be to choose guardians for your minor children, set up a trust, or identify changes during the past year (e.g., a marriage or death in the family) that should be reflected in your estate plan. 

Annual Planning Retreats and Estate Planning

Setting clear, achievable goals can help reduce procrastination and increase the likelihood that you will follow through on them. 

Procrastination is the top reason people provide for not having an estate plan. Fewer than one-quarter of Americans reported having a will in a 2025 survey, and nearly half of respondents said their lack of estate planning is because they “just haven’t gotten around to it.” 

However, around 1 in 5 respondents without a will have started to talk to their loved ones about their wishes or to research estate planning online, while about 1 in 10 have started to write down a basic plan. 

These findings suggest that many people want to start estate planning but have not formally begun the process. In many cases, their efforts stop short of consulting a lawyer or creating legally valid documents—concrete actions that turn estate planning from a vague to-do item into an officially documented plan. 

If you recognize the importance of estate planning but have not yet prioritized it, put it on your planning retreat agenda. When you are ready to take the next step, contact our office and schedule an appointment with an estate planning attorney. 

Fighting over provisions in your will or trust can derail your final wishes, rapidly deplete your financial legacy, and tear your loved ones apart. However, with proper planning, you can help your family avoid a potentially disastrous fight.  

If you are concerned about challenges to your estate plan, consider the following:

1. Do not attempt do-it-yourself solutions. If you are concerned about a loved one contesting your estate plan, the last thing you want to do is attempt to write or update your will or trust on your own. Only an experienced estate planning attorney can help you create and maintain an estate plan that will discourage lawsuits, carry out your wishes, and ensure all legal formalities are followed. 

1. Let family members know about your estate plan. When it comes to estate planning, secrecy breeds contempt. While it is not necessary to let your family members know all the intimate details of your estate plan, you should let them know that you have taken the time to create a plan that spells out your final wishes and whom they should contact if you become unable to manage your affairs or die. If you want your family to know the key details of your plan, you can hold a family meeting with an estate planning attorney. A family meeting is a proactive way to ensure that your desired family members understand your estate plan and the decisions you have made. This transparency can help prevent misunderstandings, reduce the risk of disputes, and provide an opportunity for your loved ones to ask questions in a supportive environment. By addressing potential concerns in advance, you can foster clarity, alignment, and a smoother transition when the time comes.

1. Use discretionary trusts for problematic beneficiaries. You may feel that you cannot leave a loved one an inheritance because of concerns that they will squander it, use it in a manner that clashes with your beliefs or spend it in a way that is harmful to them. However, there is an alternative to disinheriting someone. For example, you can require that the problematic beneficiary’s share be held in a lifetime discretionary trust and name a neutral third party, such as a bank or trust company, as trustee. This will ensure that the beneficiary will receive their inheritance according to the terms and conditions you have dictated while keeping the money out of the hands of unintended parties, such as creditors or an ex-spouse. You will also be able to control who will inherit the balance of the trust if the beneficiary dies before the funds are completely distributed. If you want fewer instructions or restrictions on your loved one’s inheritance, you can place it in a trust and leave instructions for distributions to be made at specific ages or upon attaining certain milestones. You can customize when and how they receive their inheritance. There is no requirement that your beneficiary receive their inheritance outright.

1. Keep your estate plan up-to-date. Estate planning is not a one-time transaction—it is an ongoing process. You should update your estate plan as your circumstances change. An up-to-date estate plan shows that you have taken the time to review and revise your plan as your family and financial situations change. This, in turn, will discourage challenges since your plan will encompass your current estate planning goals.

Following these four tips will make your loved ones less likely to challenge your estate planning decisions and more inclined to fulfill your final wishes. If you are concerned about loved ones contesting your will or trust, please contact us as soon as possible.

In many families, everyone gets along, happily gathering for the holidays, sharing laughs, telling stories, and enjoying each other’s company. Then, the matriarch or patriarch dies. Suddenly, years of pent-up resentment and hurt feelings surface, and the once-happy family is now embroiled in litigation over the head of the family’s money and property.

Having an Estate Plan Is Crucial to Your Family’s Success

When everyone is alive and happy, it is easy to think that nothing will break a family apart. Many people think that since everyone gets along, estate planning is unnecessary because everyone will look out for one another and do only what is fair. However, having a properly prepared estate plan is crucial. Failing to plan not only takes all the control out of your hands but can also leave hurt feelings and possible confusion over your true wishes. This confusion may force family members to pursue the only source available to resolve the misunderstanding: probate court.

Not Just Any Estate Plan Will Do

While a lack of planning can lead to disastrous consequences, poor planning can be just as harmful. Documents that are outdated, vague, or improperly prepared can lead family members to challenge them. Family members may have differing opinions about your intentions if your documents are unclear. This is especially unfortunate if you have a trust: one of the primary reasons to prepare a trust is to avoid court involvement. A trust contest, however, places your loved ones and the provisions in your trust under court scrutiny.

You May Be Able to Use a No-Contest Clause

If your documents are up-to-date and clearly state your intentions, but you worry that your decisions may displease your family, in some states you can include a no-contest clause that could help prevent or limit challenges to your will or trust. A no-contest clause is a provision that states that if a beneficiary contests your will or trust (whichever document contains the clause) and is unsuccessful, they will receive nothing. However, the effectiveness of no-contest clauses can vary by state, so if you think your family might contest your wishes, seeking an experienced estate planning attorney’s help is incredibly important.

A common situation where contests can arise is when someone is left out of the will or trust. If you want to disinherit a family member intentionally, consider leaving them a nominal amount at your death and using a no-contest clause, as these clauses apply only to named beneficiaries. The beneficiary has something to lose if their contest is unsuccessful, so this may discourage them from contesting your wishes in the first place. However, as previously mentioned, you need to work with an experienced estate planning attorney to ensure that this strategy is best for you based on your state’s law and your family’s situation.

You Can Protect an Inheritance with Proper Planning

Alternatively, if you are concerned about a beneficiary receiving money outright because of creditor issues, spending habits, etc., you need not disinherit or leave them out of your estate plan. Leaving money to a family member does not have to be an all-or-nothing decision. By utilizing a discretionary trust, you can set aside money for the individual to be distributed by a trustee when and how the trustee deems appropriate. If you do not want to put such tight restrictions on a beneficiary’s inheritance but still want a level of protection, you can have a beneficiary’s inheritance held in a trust and distributed to them at specific ages or when they reach certain milestones. You do not have to leave your loved one an inheritance outright without any requirements or stipulations.  

A Proper Estate Plan Can Help Avoid Contests

Having a well-drafted, up-to-date estate plan is crucial regardless of your family situation. Will or trust contests can be costly and quickly drain what you want to leave behind for your loved ones. We can assist you in creating an estate plan that will ensure that your wishes are carried out and that harmony can be maintained within your family after you are gone. Call us today to schedule an appointment.