It is a good idea to have a frank discussion with heirs well before the onset of illness and death to make sure there is no confusion or false expectations among your heirs. There is a great reluctance and discomfort about bringing up death and dying, but there are many things of a practical nature that heirs should know in order to minimize their emotional distress in dealing with a deceased loved one. For example, many people who die with valid wills leave their families scrambling to find the documents. And worse, sometimes heirs can be disappointed in not getting as much as they had hoped, ending in protracted court battles or will contests. These disputes can be avoided by speaking with heirs beforehand or entering into certain contracts that provide for gifts in exchange for an agreement not to contest a will.
Some court fights concern emotional issues rather than money.
Disputes over relatively inexpensive heirlooms can tie up an estate for a protracted period of time and result in legal fees that add up to many times the value of the items. It is also important to name an executor in your will-someone who is charged with handling distribution of the assets and other essential administrative tasks. If you move to another state, you should have your will reviewed by a lawyer there. It is a good idea, once a will has been established, to keep a folder with a list of property, along with the names and account numbers of banks, insurance policies, stocks, bonds, retirement and pension funds, veterans benefits and all other sources of income. Unfortunately, a will is the last thing on many people's minds.