Bad probates often begin with good intentions.
Here is a scenario. A man walks into his estate planning attorney’s office. He is divorced and single with two adult sons. He owns a house, a car, and has a modest amount of money. He is hoping when he dies, to have all of his possessions split equally between his two surviving sons.
A Will is drafted on his behalf. The man names his two sons as co-executors.
The problem is that the sons have never seen eye to eye. Both are nice, respectable and responsible adults. Both love one another. Yet, they simply have never gotten along. Regardless, dad convinces himself his sons will work well together as co-executors. He feels that his passing will force them to work out their differences.
Inevitably, the man dies. His youngest son who lived closest takes possession of the Will, but fails to deliver it to the court. The older brother becomes anxious to begin probate proceedings. He tries pushing his younger brother into delivering the Will or handing it over so he can. The younger brother is non-responsive. After a couple of months, the older brother hires an attorney. His belief is that his younger brother cannot handle his end, and he hopes to be named sole executor.
Months pass, half a year, maybe a full year. The house and car get sold. The attorneys get paid. A good portion of the money dad intended for his sons has gone towards legal costs instead. The relationship between the children has worsened.
What is the point?
Family is family. Blood is thicker than water. But dealing with loss causes emotions to run high. Whether related or not, different people grieve differently. Anger which is a bi product of grief only intensifies among people who already share animosity. All we ask is to please consider this when choosing your executor, co-executor, agent, or even beneficiaries.
At the end of the day, the goal of an estate plan is to remove unnecessary stress for the living.
