No matter how much you trust your loved ones, you can never predict exactly how they’ll react when you pass away or if you become incapacitated. Most people don’t want to believe their family would ever fight over money, property, or medical decisions – but I’ve seen it happen many times.
Family relationships can be complicated even during the best of times. When tragedy strikes, small disagreements can quickly grow into major disputes. And when money or control over assets is involved, the risk of conflict increases dramatically.
The good news is that with proper estate planning – and guidance from an experienced attorney – you can significantly reduce the chance of these disputes. Generic online documents simply can’t anticipate the emotional and personal dynamics of your family. A well-crafted plan, created with an attorney who understands these risks, can help prevent problems before they start.
One of the most common causes of estate disputes comes down to this: poor fiduciary selection.
01 | Choosing the Wrong Fiduciary
When you name someone to handle your affairs after your death or if you become incapacitated – such as a trustee, executor, or agent under power of attorney – you’re giving them a great deal of responsibility. This person, known as a fiduciary, is legally required to act in the best interests of your beneficiaries.
If a fiduciary fails to act properly – whether on purpose or by mistake – it’s called a breach of fiduciary duty. Even the perception of a breach can cause tension, suspicion, and even lawsuits.
Some common examples of fiduciary breaches include:
- Failing to share required financial information with beneficiaries
- Using estate or trust assets for personal gain
- Making improper or unfair distributions
- Ignoring debts, taxes, or expenses that must be paid
When beneficiaries believe a fiduciary has acted improperly, they can go to court to have that person removed, recover financial losses, and in cases of fraud or malice, even seek punitive damages.
How to Avoid This Problem
The best way to prevent these issues is to choose your fiduciaries very carefully. Select people who are honest, responsible, and trustworthy, and avoid those with potential conflicts of interest.
Your estate planning documents should also clearly outline each fiduciary’s responsibilities so there’s no confusion. You can even include provisions that allow beneficiaries to remove and replace a fiduciary without going through the court system if problems arise.
When I work with clients, I guide them through this process – helping them select the right fiduciaries, drafting clear and detailed instructions, and making sure the family understands these choices. This way, your wishes are carried out with as little conflict as possible.
Choosing the right fiduciary isn’t just a legal decision – it’s one of the most important steps you can take to protect your family’s relationships and ensure your plan works exactly as you intended.
At Cheever Law, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. This will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today.