The attorneys at Shatz, Schwartz and Fentin P.C. say some of the most painful family disputes following a death have little to do with money. Instead, conflicts often stem from disagreements over medical decisions, caregiving responsibilities, sentimental possessions and uncertainty about a loved one’s wishes.
These disputes frequently arise when important conversations never take place or legal documents fail to provide clear guidance.
“Many families don’t realize how much confusion and conflict can develop when there is no clear plan in place,” said Attorney Karolina Weagle, an associate at Shatz, Schwartz and Fentin who specializes in estate planning and estate administration. “The emotional stress of losing a loved one can make existing tensions even more difficult to navigate.”
According to the firm’s elder law and estate planning attorneys, a comprehensive estate plan should address more than the distribution of assets. Healthcare proxies, powers of attorney, long-term care planning and discussions about personal wishes can help families avoid misunderstandings during difficult times.
Among the most common sources of conflict are disagreements over healthcare decisions, unequal caregiving responsibilities among adult children, disputes involving family heirlooms and a lack of communication about estate planning choices.
“As important as wills and trusts are, communication is often one of the most effective planning tools available,” said Attorney Weagle. “When families understand a loved one’s wishes, they are far better positioned to honor them.”
To help reduce the likelihood of future disputes, attorneys recommend updating estate planning documents regularly, documenting healthcare preferences, clarifying decision-making authority and discussing important plans with family members whenever appropriate.