Collaborative Trusts and Estates Practice

family attorneyInheritance can bring out the worst in people. Who gets what and why can split the closest of families. The solution is to plan ahead and put down in writing explicit instructions on how your estate should be divided.

REASONS FOR ARGUMENT

The top reasons for arguments over an estate are:

• Hurt feelings. One heir gets mad because another person got more.

• Being pushed aside. This can happen when an heir has gone through two or more marriages.

• Disappointed about how the estate is divided up.

• Disagreement over what Mom or Dad “really meant to say.”

• Surprise and shock over what the Will actually contains.

IT’S YOUR ESTATE

When it comes to dividing up your property after your death, it’s your estate. You have the right to say who gets what and how much. You need to make this clear in your Will and estate planning.

Sometimes people will split their assists unequally. While there are good reasons for this, unless you make the asset division clear, it might not happen. This is where the collaborative process comes in.

PLAN NOW

When you plan now for the future using the collaborative process, you bring your inheritors into the discussion while you are alive. You explain your reasoning to them. While they may not agree with your decisions, they are much more likely to accept your decision since you explained it in person.

The collaborative practice for estate and trust planning brings financial professionals, family law attorneys and even counselors to the table during the planning process. These professionals work together to make sure your wishes are crystal clear and your inheritors understand completely everything you want done.

AVOID LAWSUITS

Your estate should not be tied up in court. Your assets don’t need to be used to defend your decisions in court after you are gone. Help your inheritors understand what you want so they will avoid lawsuits.

Collaborative estate and trust planning is designed to keep fights to a minimum. We bring the same suite of skills and experience to the table that we use in collaborative no-court divorce. In short, we seek peaceful resolutions. It may not leave everyone happy, but everyone will accept the decision.

Collaborative planning helps you find the solutions you want before the problem ever comes up. It lets you control your estate while you are still here. It greatly lowers the chance of courtroom drama over your assets, or having your assets completely depleted IN court!

BENEFITS

Just a few of the benefits of collaborative estate and trust planning are:

• Eliminates conflict between inheritors before it happens.

• Keeps your business private. If a lawsuit is filed, that becomes a public fight.

• Conserves your assets. What you leave behind goes to your inheritors, not attorneys fighting it out in court.

• Preserves family. By working things out ahead of time, you can keep your family together after you are gone.

IT WORKS

Does this really work? Can pre-planning actually prevent protected fights that break up close relationships? Yes. It works.

• Support. When you do this preplanning, you get support from legal, financial and counseling professionals. Each step of the process is vetted and explained.

• Communication. This is the time to get communication going, while you are still here to guide the discussion. If anyone objects to something you want done, then you have the opportunity to explain why you are making that decision. Again, your inheritors may not like your choice, but when you explain it, they are very likely to accept it.

• Get creative. Not sure what to do? Don’t know what to do? That’s where the experts step in. We can explain division of assets, setting up trusts for children or grandchildren – especially those with special needs – and even guide you to making charitable contributions with your estate.

• Valid. Collaborative planning is accepted around the world. Working things out ahead of time is respected and honored everywhere.

GET HELP

If you have property and assets, you need a Will. If you have inheritors, then they need to understand your Will and why you have it set up the way you have. Let us help.

Collaborative Practice San Diego is ready to help you today.