A significant percentage of people believe their estate planning should be a simple matter. This is often not the case because the law creates complications that may not be obvious.
There are too many issues to cover in one post, but here are two big ones:
Division of Property in Intestate Succession
Without a properly drafted and executed Will, the law will control how property is divided among family members. This is very often not in alignment with what ANYONE involved considers to be fair. In situations where there is a spouse and children, property will generally be divided between the two groups, not given outright to one or the other (with very limited exceptions). Even if the deceased does not have any property that would fall into a category that has to be divided between spouse and kids, both groups are involved and entitled to notice in the probate process.
I cannot stress this enough.
Do NOT assume everything will go to the spouse. This is often not the case without proper planning.
Do NOT assume the strength of a relationship or lack therof (or even a family member being completely AWOL) will have any impact on entitlement to estate property. IT DOESN’T. Neither does length of a relationship in Texas.
Do NOT assume any person will “do the right thing,” “take care” of other family members, etc.
Do NOT assume it will “all work out.” If you havent been through it, you have no idea how awful of a process it can be to administer an intestate estate or bad Will (or how much simpler it can be with good documents).
Blended Families
Whether they get along or not, blended families are ripe for conflict in the event of a death. It is easy to step on toes and cause unintended offense. People are sensitive and looking for somewhere to direct their anger in the event of a loss. A grief-fueled tiff over a personal momento or squabble over how someone is laid to rest can cause a lifetime of damage. Spouses can become very territorial of their homes (rightfully so) or uncommunicative in their grief, which is then interpreted as suspicious and uncooperative, while kids trying to push their way into the homes to collect sentimental items or inventory assets is seen as greedy and insensitive. All the while, no one means any harm and doesn’t see why their actions are being viewed in a negative light. I rarely speak in absolutes but all blended families need thorough and customized estate planning designed to navigate these relationships and try to minimize hurt feelings (if that is a goal).
Even if you have the best, most loving and cooperative family in the world, that is all the more reason to make things easier for them. Wills or Trusts, Powers of Attorney, Appointments of Agent for Disposition of Remains, and other estate planning tools are a gift to your love ones – a gift of time, of love, of money saved in many cases. It is not all about who gets what, but also how difficult it is to wrap up someone’s affairs so they can focus on processing their grief and supporting each other.
