How Missing Or Confusing Documents Can Impact Your Estate Plan

Ideally, after you pass away your estate will be administered and your property distributed without any mistakes or complications. Unfortunately, there are many things that can go wrong during probate administration. If you have been diligent during your lifetime and created estate planning documents, they may be able to help your family avoid disputes and confusion over your wishes. Unfortunately, if any of your estate planning documents contain confusing or ambiguous language, or they cannot be found, it can create even more problems for your family, including lawsuits.

The Challenges of Ambiguous or Confusing Language 

When estate planning documents contain ambiguous or confusing language, it can cause disputes to arise among your beneficiaries. When instructions are unclear or terms are vague, your loved ones may even try to contest a trust or will you created. This will only cause a delay in probate administration and any time there is a delay during probate, it can place a financial burden on the estate. This will result in less property being available for your loved ones.

It is critical to carefully review all of your estate planning documents before you sign them to ensure that they properly reflect your wishes. This will also allow you to make sure the language used is clear and specific so there is no chance of confusion. An attorney will know what language to use that will avoid uncertainty or misinterpretation. A lawyer will also help you review your estate planning documents regularly. A review is recommended after any major life event such as a birth, death, marriage, or divorce.

The Challenge of Missing Documents 

While confusing language can create issues for your family, missing documents can pose an even bigger problem. Probate is started when your will is submitted to the court. The court will then prove, or validate, it. If your original will cannot be found, the court will presume that you had intended to destroy it or that one was never created. As such, your property will be distributed according to the intestacy laws of the state. To avoid this, your personal representative may have to prove to the court that you do not intend to destroy the will and that you did create one. This can be very costly, difficult, and time-consuming.

To prevent estate planning documents from going missing, you should always store them in a secure location. Many people use a safe box in their home that is waterproof and fireproof. You can also ask your lawyer to keep your documents in their office. Regardless of what location you choose, make sure that your personal representative and family members know where they are stored.

Our Probate Administration Lawyer in St. Petersburg Can Help 

At Legacy Protection Lawyers, LLP, our St. Petersburg probate administration attorney can draft the documents you need to properly reflect your wishes, and ensure they are fulfilled. Call us now at 727-471-5868 or contact us online to request a consultation with one of our experienced attorneys and to learn more about how we can help you protect your legacy.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html