While some families experience conflict because an estate plan has not been put in place, others experience conflict related to discrepancies in an estate plan. Of course the best situation following a death is no familial conflict at all. Observing problems tend to arise at the junctions between intent, control and timing, estate planning professionals share pointers for avoiding and curtailing familial conflicts, and encourage special care when estate planning for a blended family.
Disputed Estate Plans?
At Lowndes, Melody Lynch finds that “conflicts most often emerge at the intersection of intent, control, and timing,” and shares these challenges that are frequently at the roots of estate disputes:
- Last-minute changes. Amendments to a will or trust favoring a new spouse or certain stepchildren can trigger allegations of undue influence, particularly if the change coincides with a decline in the testator’s health.
- Beneficiary mismatches. Ambiguous beneficiary designations and conflicts across wills, trusts, and non‑probate assets, such as retirement accounts and life insurance, often lead to competing claims.
- Property titling issues. Joint tenancy arrangements may unintentionally disinherit children from a prior relationship.
- Distribution disputes. Trusts designed to support a surviving spouse for life can produce conflict if remainder beneficiaries believe the trustee is too generous—or not generous enough—in approving distributions.
- Trustee conflicts. Where a stepparent serves as trustee for stepchildren, questions about loyalty, impartiality, and information sharing frequently surface.
As the examples illustrate, blended families, though increasingly common, have unique circumstances to attend to during estate planning, so as to avoid the confusion, and resentment that can result in probate litigation. Lynch points out that the circumstances of a blended family are typically more complex than those involving a first marriage, making it essential to bring extra care to the clarification and communication of intentions:
Estate planning in a first marriage often aligns economic and emotional interests. A surviving spouse and shared children usually pull in the same direction. In blended families, however, beneficiaries may have different expectations, varying levels of trust, and unequal access to information. A new spouse may depend on assets for lifetime support, while adult children expect to preserve an inheritance from a parent’s premarital wealth. Stepchildren may have longstanding relationships that are not reflected in legal documents. These competing interests can create fertile ground for claims of undue influence, lack of capacity, and fiduciary mismanagement.…Disputes often arise under several common legal claims: (1) validity challenges based on lack of testamentary capacity or undue influence; (2) reformation suits to clarify ambiguous terms; (3) breach of fiduciary duty claims against personal representatives and trustees; and (4) elective share claims by surviving spouses (rights to claim a portion of the estate regardless of the will’s provisions).
According to Lynch, it is possible to avoid and curtail disputes among the members of a blended family via diligent, proactive attention and professional guidance during estate planning. For example, these strategies can be especially useful for blended families:
- Coordinate all documents. Clear layering of instruments—wills, revocable trusts, and beneficiary designations—helps align intent across probate and non‑probate assets.
- Use marital agreements. Prenuptial or postnuptial agreements can clarify expectations about separate and marital property, elective share waivers, and lifetime support.
- Structure trusts carefully. Trust instruments can provide for a surviving spouse while preserving the remainder for children from prior relationships.
- Add neutral decision-makers. Independent trustees or trust protectors with defined powers add a neutral party and an early check on conflict.
- Document the process. Contemporaneous capacity evaluations and detailed attorney notes can be decisive in defending against claims of undue influence or lack of capacity.
- …Proactive Communication. Thoughtful family meetings, with counsel present where appropriate, can head off surprises that often instigate or inflame litigation. Even when full transparency is not advisable, sharing the architecture of the plan—the roles, distribution philosophy, and key safeguards—can reduce the sense of ambush that fuels courtroom battles.
Good To Know: Personal Representatives and Trustees
An important aspect of estate planning is the designation of the fiduciary who will ultimately have the responsibility of administering the arrangements made in trusts and wills. Sometimes this individual is referred to as a personal representative, though if the plan involves a trust, the fiduciary is typically known as a trustee. In any case, it’s wise to take the designation seriously and arm the personal representative and trustee with all information needed to succeed, keeping in mind:
- Personal representatives and trustees in blended family contexts often face heightened scrutiny. Decisions about spousal support, principal distributions, and investment allocations may appear biased to some beneficiaries. Failure to provide timely accountings and clear explanations can escalate suspicion and lead to litigation.
- Where a spouse is both trustee and current beneficiary, with stepchildren as remaindermen, courts expect careful attention to fairness, transparency, and impartiality. Independent co‑fiduciaries or trust protectors (neutral third parties with oversight authority) can help mitigate perceived conflicts and provide a structured avenue for dispute resolution before positions harden.
It’s common for personal representatives and trustees to obtain fiduciary bonds, which may be referred to specifically as a personal representative bond or a trustee bond. Essentially, these bonds serve as a guarantee that the appointed individual will protect the interest of the estate and beneficiaries, following the law, while settling the affairs of the estate. Colonial Surety Company makes it quick and easy to obtain personal representative, trustee, and other fiduciary bonds, via a user-friendly online service. Simply quote and obtain the required bond, and then instantly download.
Personal Representative and Trustee Bonds Here
Complimentary Service for Probate Attorneys
Help all your clients quickly secure court and fiduciary bonds with just a few clicks on The Partnership Account® for Attorneys. Simply select the bond needed, send it to your client for payment, and then download, e-file or print the bond.
Colonial Surety Company’s fiduciary bonds include: administrator, estate, executor, guardian, personal representative, probate, surrogate, trustee, conservator and the list goes on. Court bonds include: appeal, supersedeas, injunction, replevin, receiver and more.
Colonial Surety Company is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA. Our customers have awarded us a 4.8 Trustpilot score. Whenever and wherever you need a bond, trust Colonial Surety Company: www.colonialsurety.com