Keeping the peace, after you die

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You might want to consider having a family discussion once your will has been created, letting loved ones know what your wishes are and who is getting what.

By Beth Newcomb

Unless you’re the heavyweight champion of the world, fighting is rarely a good thing. That’s particularly true when it comes to estate matters says attorney Jay Nabors, who works with his wife, Linda, also an attorney, at Nabors & Nabors, the Strongsville-based law firm where attorney John J. Urban is of counsel. 

“We see it all the time,” Jay laments. “After a loved one passes away, his or her heirs fight about things like who gets what, who’s getting more than their fair share and who should be executor, among other things.”

And in addition to creating family discord, fighting within a family begins to drain the estate of assets, as attorneys need to be paid to help sort everything out. 

Jay says there are a couple of things you can do to ensure your heirs not only follow your will as your wishes state, but also keep the peace.

No Contest Clause
Adding this clause to your will expressly prohibits someone from challenging its contents or the person you’ve named as executor. If they do, they are disinherited.

Avoid Probate Court
Having as many of your assets transfer on death to a certain person or persons means those assets, like your house, for example, don’t have to go through probate and the transfer is very difficult to challenge. 

“Having a house transfer on death results in heirs having to take extra steps to challenge the transfer,” Jay adds.

You might also consider having a family discussion once your will has been created, letting loved ones know what your wishes are and who is getting what.

Nabors & Nabors offers Mimi readers a free legal services consultation in person or on the phone, with services at a contracted discount rate. Mention this story when you schedule an appointment. House calls and select evening appointments available.

To reach the attorneys at Nabors & Nabors Ltd., with John J. Urban of counsel, call 440-846-0000, ext. 227. The offices are located at 11221 Pearl Road, in Strongsville. Visit the website at Nabors-Law.com.