How to avoid hurt feelings, family squabbles, and other unintended consequences where your estate is concerned.
Mary’s grandmother had a beautiful little locket and it was very special to Mary. Mary’s grandmother told Mary that she could have that little locket when she was gone. That day eventually came but it turned out that, according to Mary’s aunt, grandmother told her aunt that she could have the little locket. A big blow up between Mary and Mary’s aunt over that little locket arose and the aunt, eventually, won out.
Mary’s feelings were extremely hurt, and a rift occurred between her and her aunt that never healed itself. When Mary’s aunt passed away, the little locket was left to the aunt’s child, Mary’s cousin – and I’m sure you can guess, now the cousin and Mary don’t talk to each other either.
One might think this is a trivial state of affairs but take my word for it, in estate planning, this is an all too familiar situation where families are concerned. I have had many a family come to me, after a loved one has passed, seeking help settling their estate in probate. And not too infrequently, someone will assure me that the administration of their loved one’s estate will be a straightforward event, “no drama.” And often they’re not far off the mark. Things can be administered in a straightforward way if their estate planning is in order. But if it wasn’t put right before their passing and things were left to family to deal with, these seemingly trivial loose ends could result in hurt feelings, family squabbles, and other unintended consequences – especially where money and sentimental items are concerned.
A seemingly harmonious family could turn contentious in a short time if money issues arose or some item of sentimental value was left unassigned at death. It was as if the whole situation was doused with kerosine and light afire. What a difference a few thousand dollars or grandma’s favorite sugar caster could make.
Conversations are just that, conversations. Estate planning is about making a plan, fixing it in a concise, enduring, and legally enforceable way so that one can avoid mistakes, misunderstandings, bruised feelings, and all out familial warfare if your instructions were left incomplete or in some way lacking.
I have seen families ripped apart because of trivial little sugar casters and it’s heartbreaking. I’m certain the deceased would be brokenhearted over the mess they unintentionally left behind simply because they didn’t set out their wishes in a way that allowed the administration of their estate to be straightforward and without drama.
I’ve said it before and it has become my mantra, “estate planning is not only what one does for their own peace of mind, but also – if not more importantly – for those we leave behind.” Show your family you love them, do them the favor of having your plan in place for them when the time comes. It’s easier to do it now than remember it later.
We do not currently review trusts drafted by other attorneys for the sole purpose of advising.
Disclaimer: Tricia Daigle is licensed to practice law solely in Idaho. Nothing in this website should be taken as engaging or offering to engage, in any activities in any jurisdiction where those activities would constitute the unauthorized practice of law or would otherwise be unlawful or improper. The materials appearing on this website are provided for informational purposes only and do not constitute legal advice. You should not take action based on this information without consulting legal counsel. This site is not intended to create an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely upon any single source of information, including advertising on this Web site.
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Having the privilege of meeting clients at very significant and unique times in their lives, I often find that we share many of the same experiences. I have been the caregiver to aging and ill parents. I have been a guardian, conservator and personal representative.
While each of these roles has their own challenges, my personal understanding of such roles enables me to empathize and effectively communicate with my clients. Therefore, I am dedicated to meeting clients where they are in life, in celebration of their milestones or to provide support through difficult times. Establishing special bonds with my clients is a truly rewarding aspect of my work as an attorney.
“Service is the rent we pay for being. It is the very purpose of life, and not something you do in your spare time.”
~ Marian Wright Edelman Attorney, Activist, and Founder of the Children’s Defense Fund
This statement captures the essence of my approach toward life, work, and people. Coming from a family tradition that places high value on the service of others and the community, I am committed to serving my clients, providing earnest and sincere representation on their behalf.
My commitment is to help families. The best part of my work is to be a resource for others during the important moments in their life, through happy periods as well as during challenging times. I meet them wherever they are in the cycle of life:
marriage, birth, blending of families, adopting a new member – even divorce, illness and death. I am committed to helping my clients plan for the future through proper estate planning strategies that will ensure the respect of an individual’s wishes, the care of their families, and the protection of their legacies.
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