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| Thought Leaders: Law |
Estate of Confusion
Jordan Atin, Barry Fish and Les Kotzer
04/01/2007
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By the same measure, there are things children can do after
their parents pass away to limit the emotional and financial damage of an estate
dispute. These include: - Be guarded in what you say and
do. Your actions or words can come back to
haunt you. In one case, the children wrote a eulogy praising their father’s
caregiver as his "companion." Ultimately, these heartfelt words were used
against the children by the caregiver to support her claim that she was their
father’s common-law spouse—and should therefore be entitled to part of the
estate.
Recognize the emotional aspects of estate
disputes. When a child is treated differently than his siblings in a will or trust,
that child may feel suspicion, bitterness and anger. An executor can be
guaranteed trouble if he fails to provide timely information to his siblings.
Ongoing communication is the key to limiting bad feelings over an
estate.
Give up on nonessential
issues. Not every decision should be based on
a matter of principle. Battling over every issue because "it’s what Mom wanted"
will most likely leave a legacy of family destruction. If your brother is
extremely distressed over not being selected as an executor, for example,
consider allowing him to be a coexecutor or even resigning and appointing a
neutral third party.
Family is the most valuable asset one can have. Sadly, far too
many families are needlessly destroyed over an inheritance. But by understanding
the complex emotional, legal and financial issues involved in estate disputes,
many families can be saved.  | Jordan Atin, Barry Fish and Les Kotzer are authors of The
Family War: Winning the Inheritance Battle, which provides tips and
strategies for resolving estate disputes. |
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