• Menu
  • Skip to left header navigation
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Contact Us (317) 692-9000

  • Facebook
  • Twitter
  • LinkedIn

Directions

Kroger Gardis Regas, LLP

Kroger Gardis & Regas, LLP

  • Firm
    • About Us
    • History
    • KGR in Our Community
    • TAGLaw®
  • Professionals
  • Practice Areas
  • Information
    • Blog
    • Doing Business in Indiana: A Reference Guide
    • Representing Buyers and Sellers in Acquisitions of Privately Held Companies
    • Receiverships & Class Actions
  • Legal Lessons
    • Courses
    • Login
    • Account
  • News
  • Careers
  • Contact
  • Search
  • Firm
    • About Us
    • History
    • KGR in Our Community
    • TAGLaw®
  • Professionals
  • Practice Areas
  • Information
    • Blog
    • Doing Business in Indiana: A Reference Guide
    • Representing Buyers and Sellers in Acquisitions of Privately Held Companies
    • Receiverships & Class Actions
  • Legal Lessons
    • Courses
    • Login
    • Account
  • News
  • Careers
  • Contact
  • Search
You are here: Home / Blog / Can You “Litigation-Proof” Your Estate Plan? 

Can You “Litigation-Proof” Your Estate Plan? 

October 31, 2014 //  by KGR

Clients often recite horror stories of estate litigation, asking that a clause be included into their estate planning document to prevent issues in their own estate.   A clause such as, “I have attempted to provide fairly for members of my family by this my Last Will and Testament.  If any action shall be taken by a beneficiary in a court to contest or set aside my Will, any beneficial interest of that person under my Will shall be forfeited,” sounds intimidating, but if you reside in Indiana such a clause is not legally binding as Indiana does not recognize such “in terrorem” clauses.   Thus, a beneficiary may contest a will or trust without jeopardizing his or her interest in the will or trust.

How can you then be assured that your estate will not be the subject of litigation?  The easy answer – you can’t; however, steps can be taken to reduce the chance of litigation.  Listed below are a few common scenarios that raise red flags for possible litigation and possible steps to be taken to minimize the risk:

  • Is one child treated differently than his or her siblings?  Often estate litigation can be avoided by treating people of the same degree of relationship equally.  However, trouble may not be avoided if you distribute your personal property equally to your children without specific direction as to who inherits the silver, the china, the jewelry and other personal property.    Countless fights among children of decedents occur over the distribution of personal property.    Childhood memories and long held resentment bubble to the surface as mom’s or dad’s personal items are divided and distributed.   Occasionally it is necessary to direct the personal representative to intervene in order to determine the ultimate recipient of an item of personal property.
  • Loaning money or making a gift to one child without a provision in your will or trust addressing the gift or loan is another red flag for potential trouble.    If Child A received a gift of $50,000 for the down payment on a house and Child B did not receive a comparable gift, Child B is sure to feel treated unfairly if there is not an equalization provision under the parent’s will or trust.    An easy solution is to include language in the estate planning document treating the $50,000 gift to Child A made during the parent’s lifetime against the inheritance Child A receives at the parent’s death.  This is referred to as an advancement clause.
  •  Another area ripe for litigation is a change in an estate plan involving a second or subsequent spouse and children from a prior marriage, and a new will.   Suppose the much younger second wife encourages her husband, recently diagnosed with Alzheimer’s disease, to change his will. The change to the will reduces the share the husband’s children previously were to receive.  Changes to a will in this situation should be carefully reviewed with an attorney and steps establishing capacity of the husband should be taken and well documented.  The likelihood of a long and protracted will contest is almost guaranteed when you combine a recent health diagnosis, a new family member, and a change to an estate plan.
  • Lastly, don’t delay.   Plan ahead.  Waiting until your death bed to dispose of property is a sure way to invite trouble.

Category: Blog, EstateTag: Estate Planning

Previous Post: « Beneficiary Designations – A Critical Element Of Estate Planning
Next Post: Don’t Forget to File Your Mechanic’s Lien »

Primary Sidebar

If you are interested in our services please fill out the form below.

    Your Name (required)

    Your Email (required)

    Phone (required)

    Subject

    Your Message

    RECENT POSTS

    Practical Legal Issues regarding Vaping and Schools

    The tobacco use intervention strategies of the past may have low …

    The Federal Trade Commission Announced a Ban on Non-Compete Agreements: What Does That Mean for Your Business?

    We won’t bury the lede: it could be huge, but it’s also probably …

    2 New Attorneys, 1 Paralegal Join KGR

    KGR is thrilled to start the New Year with two new attorneys Wes …

    KGR Obtains Preliminary Injunction Against City of Bloomington in Free Speech Case

    Turning Point USA (TPUSA) and its local chapter on the Indiana …

    KGR Attorneys File Lawsuit Against USA Track & Field to Advance Athlete Health & Safety

    KGR’s Sports and Entertainment Law Team, led by KGR Partner Bill …

    Footer

    Indianapolis Office

    Kroger, Gardis & Regas, LLP

    111 Monument Circle, Suite 900 Indianapolis, IN 46204

    (317) 692-9000
    (317) 264-6832
    Directions

    Connect with us!

    • Facebook
    • LinkedIn
    • Twitter

    Newsletter

    Select list(s) to subscribe to


    By submitting this form, you are consenting to receive marketing emails from: Kroger, Gardis & Regas, LLP, 111 Monument Circle, Indianapolis, IN, 46204, http://www.kgrlaw.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

    Copyright © 2023 · Kroger, Gardis & Regas, LLP · Log in