October 15, 2010
Estate & Trust Litigation Can Be Avoided: It’s All in the Planning
- October 15, 2010
- Publication: MSBA Bar Bulletin - Estate & Trust Law Focus
- Related Attorneys: Roy Niedermayer, Wayne Eig
- Related Practice Areas: Estate & Trust Administration, Litigation: Individual
Your work is done. The estate documents and will are signed. You have completed your mission and accomplished the goals of the client, who is pleased.
Many years (hopefully) later, you receive the call about your client's passing. You pull out the documents and everything is proceeding according to plan until you hear from a family member, friend or business associate who is upset with the terms of the will. Disruptive, emotional, protracted, expensive and unpredictable litigation looms. You were so careful in preparing the documents. Could this situation have been avoided?
Unfortunately, not all litigation can be avoided. There are some relatively simple guidelines derived from actual litigation experience; however, that may reduce its likelihood - and some of its costs.
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