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Can you keep your children from fighting over your estate?

On Behalf of | Dec 6, 2021 | Estate Planning |

As a parent, one of the most frustrating experiences comes when children can’t get along with each other. You may have spent years trying to help them bond and learn to get along with each other, only to have them continue fighting at all of your holiday celebrations as adults.

No matter how carefully you tried to balance the attention paid to your children or to encourage healthy sibling relationships, your kids might grow up to resent and mistreat one another. If you understand that there is a caustic dynamic between your children,  then you need to consider that when deciding how to structure your estate plan. There are certain things that you can do in order to reduce the likelihood of your children fighting over your last wishes.

You can focus on fairness and leave clear instructions

One of the best ways to avoid a dispute about your legacy is to leave behind very clear instructions and to not obviously favor one child over the others. When you make sure that your estate plan complies with Florida law and is reasonable overall, it will be harder for either child to bring a frivolous challenge against your wishes in court.

It’s important to recognize that no-contest clauses, while enforceable in most other states, will not do much if your estate goes through probate court in Florida because state law prohibits the courts from enforcing them.

Talk to your kids about your wishes

You can deter your children from fighting about your assets by communicating with them before you die. When everyone in your family knows what you want to do with your assets, it will be harder for any member of your family to challenge your wishes.

Transparency and good planning can go a long way toward protecting your wishes after you die. Drafting an enforceable estate plan can reduce the likelihood of children fighting even after your death.