8/7/2019 Will Contests: Advice for All Sides

http://slidepdf.com/reader/full/will-contests-advice-for-all-sides 1/1

You could be for-given for thinking thatfights occur only overthe estates of the richand famous. But you’dbe, ahem, dead wrong.

For every MichaelJackson, Brooke Astorand Anna Nicole Smith,t h e r e a r e c o u n t l e s s

average families argu-ing over a loved one’slegacy. And there aremany reasons this occurs.

F i r s t , w h a t y o u c o n s i d e r a ninsignificant amount of money maybe a very big deal for one of yourheirs. These days especially, peopleare more likely to go to the mats for

what they consider to be their pieceof the pie, however thin the piece.Second, families battle

over more than money. Theyargue over who has controlof the estate; how and whenthe monies are being dis-tributed, etc. They argueover objects, also. In my practice,I have seen siblings furious over

f u r n i t u r e , p h o t o s , a n d f u n e r a larrangements.

And let’s not forget Cain and Abel.Many families have siblings that getalong marvelously, always have andalways will. Most don’t. When youadd the stress of a parent’s passingto sibling rivalry, it’s an even morevolatile mix.

If you are planning your estate,you can eliminate (or at least mini-mize) family dissension by choosingyour Trustee and Personal Represen-tative wisely. An experienced estateplanning/elder law attorney canprovide you sound guidance in thismatter. If, for example, you wantto appoint your well-meaning butchronically disorganized son to

administer your estate, think twice.I f h e e n d s u p m i s h a n d l i n g t h epaperwork, his siblings may not be

as understanding as youwould have been. Ifyou can’t find a relativesuitable or willing toserve, consider retain-ing a third party to doso, like a lawyer, CPA orbank trust department.There will be a fee forthose services, but you

know the job will bedone properly. (At leastif your family is going

to hate anyone, it won’t be anotherfamily member!)

If you yourself are a Personal Rep-resentative or Trustee, make sure youcross every “t” and dot every “i”this will go a long way to preserving

family harmony. Consult with anattorney experienced in probate and

trust administration, who will adviseyou of your legal obligations and help

you fulfill them.If you are a Personal Representa-

tive or Trustee who has to defend thelegitimacy of an estate plan, be sureto seek legal help. Do the same if youfeel that you have been illegitimatelydenied an inheritance. In both cases,time is always of the essence.

Call The Karp Law Firm for assis-

tance with any or all of the above.Joseph S. Karp is a nationally certified and Florida Bar-certified elder law attor-ney (C.E.L.A.) specializing in the practiceof Trusts, Estates and Elder Law.

His offices are located at 2500 QuantumLakes Drive, Boynton Beach ( 561) 752-4550;2875 PGA Blvd., Palm Beach Gardens( 561) 625-1100; and 1100 SW St. Lucie W.Blvd., Port St. Lucie ( 772) 343-8411.

Toll-free from anywhere: 800-893-9911.E-mail: KLF@Karplaw.com or website

www.karplaw.com.

Read The Florida Elder Law and EstatePlanning Blog at www.karplaw.blogspot.com.

Joseph S. Karp, C.E.L.A.

#

#

#

#

Listen to Joe Karp and Anita Finley onSaturday, March 26 from 7:30-8:00 AM 

on WSBR 740AM and on the

Internet at www.wsbrradio.com.

Why Do Families Argue OverLoved One’s Legacy?