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Some estate battles are predictable and quite costly to both finances and family.

If the main instrument used to distribute an estate is a will that has to go through probate, the legal issues can often lead to huge battles that could be avoided by using a trust, according to the Times Herald-Record in “Trusts avoid inheritance disputes among family members.”

Since trusts do not go through probate, there is no open probate case for family members to easily file a claim. That in and of itself makes a trust much less likely to lead to litigation. It is also easier to use the trust document itself to create language making family fights less likely. Even if there are fights, an independent trustee can often referee those fights and thus avoid any litigation.

An estate planning attorney can advise you in creating an estate plan that fits your family and your unique circumstances.

Reference: Times Herald-Record (April 5, 2018) “Trusts avoid inheritance disputes among family members.”

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.