When Couples Disagree About Estate Planning
When an estate attorney works with a couple instead of an individual, they must take certain concerns into account. Deciding on an estate’s future after a person’s death can pose challenges for all involved, especially if the spouses or partners are not entirely on the same page.
Common Issues and Concerns Couples Raise
Enlisting legal help to write a Will or trust is a positive step but can conjure difficult emotions. That’s because not all couples agree about every aspect of their estate planning. While it’s healthy and natural for there to be points of disagreement, a serious discussion of these issues must occur.
It’s also natural for couples to have questions or uncertainties during the estate planning process. Making sure loved ones and dependents get the care they need after a decedent’s passing implies unique circumstances and variables. An experienced Cincinnati estate planning attorney has seen many different family scenarios, and they can answer those questions and clear up misunderstandings.
The Value of Incentive Trusts
If you’re unsure whether a dependent or other relative should inherit anything in your Will or trust, you may want to consider an incentive trust. This legal arrangement adds criteria to your Will or trust that the potential heir must meet before they can inherit any funds or assets from the estate.
Generally, these criteria must be quantifiable benchmarks and be reasonable to attain. Examples of measurable and realistic criteria might include proof of:
- Passing drug tests
- Making court-ordered child support payments
- Obtaining and maintaining gainful employment
- Earning a minimum grade point average in school over a given amount of time
Regardless of the terms, it’s essential that both spouses or partners agree on quantifiable and realistic criteria when incorporating an incentive trust in their Will or trust.
A Cincinnati Estate and Probate Lawyer Can Help Resolve Conflicts
The attorneys at Donnellon, Donnellon, & Miller have a great deal of experience in dealing with estate planning. They understand that couples and family members have different ideas when it comes to writing a Will or trust. If you need guidance beginning or continuing your estate planning process, give us a call at 513-891-7087. You can fill out the fields on the contact form to let us know how we can help.