How To Avoid Challenges In Your Will Or Trust

Posted by Janssen Estate Probate and Elder LawDec 14, 20220 Comments

how to avoid challenges in your will or trust

Are you wondering, "How to avoid challenges in your will or trust?" Janssen Estate Probate & Elder Law's expert team can help with ensuring the integrity of your will or trust documents. Janssen Estate Probate & Elder Law has over 35 years of experience providing guidance and legal representation to valued clients across the Kansas City Metropolitan Area. We know from experience that informed clients make better decisions when planning their estate.

This article will identify potential complications that can arise with your trust or will, and offer 5 practical strategies to avoid them. We will also cover topics like the importance of protecting your estate, the benefits of hiring an attorney when legal advice should be sought, and criteria for selecting reliable attorneys.


What Are The Challenges You Might Face In Your Will Or Trust?

Wills and trusts can be essential tools for safeguarding the future of your family, but you may encounter certain hurdles along the way that require extra consideration, including:

  • Documents in Dispute: Conflict and family disagreements can sometimes result in legal battles over the validity of wills or trusts.
  • Incomplete or Outdated Documents: Failing to keep your will or trust up-to-date can have dire repercussions in terms of unanticipated consequences.
  • Ambiguity in Documents: Unknown language or terminology may create unnecessary confusion among beneficiaries.
  • Creditor Claims: Your creditors could attempt to claim your assets and reduce the inheritance that is left for your family.
  • Estate Taxes: Estate tax can diminish the value of your estate and leave less for your heirs to inherit.

5 Ways To Avoid These Challenges

  1. Regular Reviews: Review your will or trust whenever there have been any major changes in your life, such as marriage/divorce ending, a child being born, or when your financial circumstances dramatically shift.
  2. Clarity Is Key: To avoid misinterpretations and confusion, ensure all documents use clear and precise language when written.
  3. Select an Executor: For your peace of mind and best results, find an executor you can rely on and trust with your wishes.
  4. Asset Protection: Discover ways to shield your wealth from creditors' claims, such as creating a trust for it.
  5. Estate Planning: Speak to an experienced attorney for help creating an in-depth strategy designed to reduce estate taxes.


How Can You Protect Your Will Or Trust?

Protecting your estate is of utmost importance, so take note of:

  • Choose a Reliable Executor: Your executor plays an essential role in seeing that your wishes are carried out, so choose someone responsible and trustworthy who understands both your values and wants.
  • Asset Protection Strategies: Consult professionals on ways to secure your assets. For instance, creating a trust or creating a Limited Liability Company (LLC).
  • Protect Assets From Creditor Claims: Seek legal advice about asset protection strategies to minimize the chance of creditors seizing your assets and seizing control of them.


Why Hiring An Attorney Is Beneficial?

Hiring an attorney to draft wills and trusts is often a wise decision. Their knowledge can prove invaluable in many ways:

  • Legal Knowledge: Attorneys possess in-depth legal expertise that ensures all documents comply with all pertinent laws.
  • Customized Solutions: They can tailor a will or trust specifically to the assets and family dynamics in your estate plan.
  • Conflict Resolution: Attorneys can serve as mediators and resolve any disputes among beneficiaries, saving your family the unnecessary strife.


When Is It The Right Time To Hire An Attorney?

Timing is of the utmost importance when hiring an attorney. Seek legal advice as soon as possible to avoid regrettable decisions later on.

  • Before Drafting Documents: Seeking advice from an attorney early can help prevent potential complications later.
  • When Major Life Changes Occur: If significant events such as marriage, divorce, or the birth of a child occur in your life, it's essential that your documents be reviewed by professional guidance in order to stay compliant and updated accordingly.


What Criteria Should Be Used To Find an Attorney?

Selecting an attorney with whom to create a solid estate plan is of vital importance, so here are some criteria for choosing one:

  • Experience: When hiring an attorney to assist with estate planning, look for one with extensive experience and a track record of successfully handling cases.
  • Reputation: Conduct research using reviews and testimonials in order to assess an attorney's credibility and reliability.
  • Communication: Be certain your attorney is easily accessible and clearly communicating any concerns to address them.
  • Fees: It is important that the attorney fee structure fits within your budget.

Why Choose Janssen Estate Probate & Elder Law

Janssen Estate Probate & Elder Law has long been committed to helping individuals navigate the complexities of estate planning. Here's how we meet this criteria:

  • Experience: With 35 years of expertise, our team has successfully navigated numerous clients through the estate planning process.
  • Reputation: Our firm is widely known for our outstanding commitment to our clients and ability to develop tailored estate plans that stand the test of time.
  • Communication: We prioritize clear, open, and transparent communications with all our clients to ensure they remain well-informed at every stage.
  • Fees: Our fee structure is competitive and transparent, without any hidden costs or unexpected surprises.

Suggested Action Steps

To protect your will or trust and ensure its legacy lives on, follow these steps:

  • Schedule a consultation with an experienced attorney to assess the documents and plan currently in place.
  • Revision or modification of your will or trust should take place frequently to reflect any significant life changes or the acquisition of assets.
  • Explore asset protection strategies to secure your wealth against creditors.
  • Select a trustworthy executor who will carry out your wishes efficiently and responsibly.
  • Seek professional assistance regarding tax mitigation strategies to lower estate tax obligations.

Protecting your will or trust is vital for leaving behind an enduring legacy and providing for loved ones. By taking the necessary steps and consulting with an experienced attorney, you can ensure that your estate plan will stand the test of time. Contact us today at 913-322-6300 or send us an email on our Contact Page.