Avoiding Inheritance Disputes in Illinois: A Guide to Effective Estate Planning

May 26, 2023

Avoiding Inheritance Disputes in Illinois: A Guide to Effective Estate Planning 

The process of estate planning is more important now than ever before, especially in Illinois, where inheritance disputes are on the rise. Disputes over inheritance can be uncomfortable and even lead to estranged family relationships. As underlying feelings of resentment and greed increase, families can be torn apart, causing long-term effects that can last for generations. In this blog post, we’ll be discussing some of the most common causes of inheritance disputes in Illinois and how you can prevent them through effective estate planning. Whether you have significant assets or not, the information contained in this blog is crucial for anyone in Illinois who wants to protect their heirs from inheritance disputes.

No Estate Planning at All

 Estate planning isn’t a walk in the park, and unfortunately, many people don’t engage in adequate estate planning, leading to issues down the road. If you die without a will or a trust that specifies how your assets should be handled, the State of Illinois will step in and distribute your assets and properties based on their laws. This often leads to families fighting over control of assets and properties, leaving no one satisfied in the end. The best way to avoid this is by hiring an experienced estate planning attorney who can help you develop a comprehensive estate plan before you pass away.

Unintended Consequences of Beneficiary Designations


Another cause of inheritance disputes has to do with beneficiary designations. It’s not uncommon for individuals to begin working on their estate plan and forget to update beneficiary designations for their bank accounts, life insurance policies, or retirement plans. When these assets are distributed to unintended beneficiaries, disputes can quickly become heated. Effective estate planning means reviewing and updating your beneficiary designations regularly.

Misunderstandings and Disagreements over Asset Valuation


When the family is divided over the value of assets and the manner they should be divided, disagreements and misunderstandings frequently arise. This can also lead to questions about the validity of the decedent’s estate plan.  When the assets are not valued properly, the division of the assets can be done unfairly, leading to potential disputes down the road. One of the ways to address this is by getting your assets appraised so that everyone is on the same page about the assets’ values.

Failure to Communicate


Communication can prevent many issues when it comes to estate planning and inheritance disputes. Often, heirs are not aware of the reasoning behind the estate plan and its distribution. Discussing your estate plan with your heirs and other beneficiaries ensures that there are no misunderstandings of the intentions behind the estate plan. Open communication between loved ones removes the guesswork and reduces potential disagreements. 

 Challenging the Validity of the Estate Plan


Fraud, undue influence, or an error in the language in the estate plan are all reasons why an individual may challenge the validity of the estate plan. The validity of a will or trust can be a significant source of disagreements between families, especially when one or more parties feel they should inherit more. When creating an estate plan, working with an experienced estate planning attorney can ensure that an estate plan is airtight and legally enforceable.
At Frank E. Stepnowski Law, P.C., we understand the importance of estate planning and how it can prevent heirs from disputing inheritances. By recognizing the common reasons why inheritance disputes occur, you can work to avoid them. Most importantly, it's essential to engage an experienced estate planning attorney to develop a comprehensive estate plan that meets your individual and family needs. If you are an Illinois resident, we can assist you with your estate planning matters to help ensure a smooth transition of your assets to your heirs, avoiding disputes and family friction. Start taking steps now to protect your loved ones and your legacy by creating an estate plan that works for you.

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