Your Will, Your Way: Prevent Family Inheritance Feuds

Let’s set the scene: Estranged siblings, all dressed in black, are gathered at their parents’ sprawling estate. The lawyer stands before them, reading the Will. That’s when they learn the youngest, Jack, has been disinherited, and Sally, the eldest, who gets along with no one, has been named the executrix and must decide who inherits the family’s prized rock collection. Arguments ensue, and the children hurl threats of challenging the Will toward the lawyer.

While the movie trope of the family gathering for the reading of the Will is not often reality, the fighting among surviving heirs happens all too frequently. If you fear this may happen amongst your children when you are gone, it is time to look at your estate plan.

First and foremost, work with an estate planning attorney to draft your Will and, if necessary, a trust. Second, share with your lawyer any concerns about potential conflicts among your heirs and be explicit about your intentions for your assets.

Remember, these are your assets to do with as you please—both in life and in death. Under Georgia law, you’re generally free to leave your property to anyone you wish. Only a surviving spouse or minor children have the right to petition the probate court for a portion of your estate; no one else is legally entitled to an inheritance. Intestacy laws—those that apply when you die without a Will—are different. However, if you have valid estate documents in place, the court will generally uphold your wishes as outlined in the Will or trust, provided they comply with state law.

You may also want to consider who you choose as executor of your estate. While the executor is legally required to follow the terms of your Will, it’s possible that your children may disagree over which small specific assets they each get as part of their share. If you think that might be possible for your children, you might appoint them all as co-executors and require them to agree on how assets are distributed; of course, this can delay administration. Alternatively, you may prefer to name an uninterested third party as executor or trustee.

If you do not wish to leave assets to a particular heir, lawyers will often recommend that you explicitly state this in your estate documents so it cannot be interpreted as an oversight. This is one way to head off the possibility that the child could later argue that you simply forgot to include them—especially if they’ve been estranged. Remember, it is not the lawyer’s role to assume or influence how you choose to distribute your estate. It is the lawyer’s job to make your intentions enforceable within the confines of the law.

And of course, don’t overlook how your assets are titled. Your financial plan should support the intentions outlined in your estate documents. Accounts with beneficiary designations pass directly to the named heir, without involving the Will at all. Similarly, any jointly owned assets may or may not have rights of survivorship. Georgia law presumes survivorship rights only if the account agreement explicitly says so. If the account is titled jointly without that language, the decedent’s share typically becomes part of the estate.

The key to a solid estate plan is clear communication—between you, your financial adviser, your estate planning attorney, and, often, your heirs.

If you have questions on ensuring your estate plan honors your wishes, the experts at Henssler Financial will work with your estate planning attorney or help you find one: