The old expression that the only things that cannot be avoided are death and taxes may be rolled into one when it comes to preparing your will and other planning documents. As you are settling on the best options for your heirs, it may be a concern that a disgruntled relative may challenge your decisions. New York residents may worry that their plans could wind up in trust and estate litigation.
Regardless of whether you spend hours or weeks agonizing over the perfect estate plans, any relative who has held on to a grudge over a long-ago dispute could seek to derail all of your efforts. Often times, it isn’t even the decisions you made in your wills or trusts — it could simply be that someone is nursing hurt feelings over a long-forgotten dispute. There are also situations that may give rise to confusion over what your intentions may have been when drafting your plans.
Conflict could also arise based on a second marriage or over who was placed in charge over your estate or trusts. Even if you made every effort to make your wishes as equitable as possible, one heir may be upset over a decision involving another’s allotment. All of these situations can result in your estate being bogged down in the courts rather than being settled as quickly as you had planned.
There are experienced estate planning attorneys who can help ensure that your plans are carried out as you intended. There are methods that could be applied that may avoid the possibility of your wishes being challenged in trust and estate litigation. Additionally, if your loved one’s estate plans have been formally disputed, the assistance of an attorney who is knowledgeable about the estate laws in New York may be indispensable.