Everyone deserves to distribute assets upon their death according to their wishes rather than the provisions within Arizona’s intestacy law. You also deserve the peace of mind that comes with knowing that the process of dispersing your property will be completed in a smooth, peaceful manner. No one can control the future, but there are several ways that effective estate planning can minimize the possibility that your loved ones will be squabbling over who gets what. 

By taking these steps in your estate planning, you can promote a harmonious process that meets your objectives while mitigating potential conflicts:

• Use clear language — Even a slight ambiguity in the language of a will or trust could trigger a dispute over interpretation. Clearly documented instructions are essential, and clarifying terms might be necessary to avert questions about whether a potential heir was inadvertently forgotten. 

• Put a competent, trustworthy person in charge — Your executor or trustee should be familiar with your final wishes and have the ability to carry them out faithfully. This person is responsible for managing the distribution of assets, settling debts and addressing any challenges to your will or trust. 

• Communicate your intentions clearly — Often, a person developing or revising their estate plan knows that some people close to them will be disappointed with the result. While some of these conversations might be hard, it’s best to have them to avoid hard feelings, and possibly litigation, from family members who feel “blindsided” after your death. Conflicts frequently arise in blended families, when the decedent is married but has children from a previous relationship. 

• Review your plan regularly and make appropriate updates — Life changes such as births, deaths, marriages and divorces can alter your estate planning priorities. Regularly reviewing and updating your legal instruments to reflect these changes can guard against a situation where your property is distributed on outdated intentions.

• Work with an experienced lawyer — A knowledgeable estate planning attorney can offer advice on strategies that best fulfill your objectives and spot issues that might lead to conflict after you are gone. A well-crafted plan developed with a seasoned professional is less susceptible to challenges and holds up better in court if contested.

Prioritizing clear estate planning today means securing your family's peace and legacy for tomorrow.

The Law Firm of Joseph M. Udall, PLC in Mesa advises Arizona residents on a full range of estate planning matters. Please call (480) 500-1866 or contact us online to schedule a consultation regarding your specific needs.