Family dynamics are often difficult to overcome, but other factors are more within your control and may decrease the likelihood. Most critically, obtain a trusted and reliable estate planning attorney and communicate your concerns to her. Speak openly with her about potential risk factors in the context of your overall estate planning objectives. Your attorney should ensure that appropriate formalities are adopted, that drafting considerations proactively resolve anticipated challenges, and that other steps are addressed to reduce the risk. You may ultimately determine that a combination of trusts, joint accounts with rights of survivorship, transfer-on-death account designations, and other means is preferable and may avoid probate altogether; depending on your circumstances, this approach may lessen the risk of litigation concerning the property. Regardless, it's essential that these and related issues are addressed with your attorney.
Content posted in October of 2019.
