When Estate Plans Fail to Match Family Reality: Litigation Risks From Poor Customization
Estate plans work best when they reflect how a family functions. Still, many people sign a will or trust once and leave it untouched for years. Life moves, relationships shift, and assets change. When the plan doesn’t keep up, the gaps usually show up after the decedent passes away, and that’s when disputes can escalate quickly.
Where Plans Go Off Track
One of the most common issues is the assumption that equal shares automatically solve everything. In blended families, that approach can unintentionally create tension. Children from different marriages may have different expectations or histories, and a uniform split doesn’t always match the decedent’s intent.
Another trouble spot is naming minors or individuals with disabilities as direct beneficiaries. Without a trust in place, the court may step in and create a guardianship that limits how the funds can be used.
Beneficiary designations also cause problems. Old retirement or insurance paperwork might still list an ex-spouse or omit newer family members. Since those designations often override the will, the wrong person may end up receiving a significant asset.
How These Gaps Lead to Litigation
When an estate plan looks dated or doesn’t match what’s happening in the family, it’s common for heirs to question whether it reflects what the decedent wanted. Disputes over undue influence or capacity often come up after major life changes, such as remarriages, long periods of estrangement, or a shift in who provided care toward the end of life. On top of that, certain assets can move outside the plan entirely. Joint accounts or pay-on-death designations may leave one person with far more than anyone expected.
How to Keep Your Plan Current
Estate plans age quickly when life moves on. Big moments, like marriage, divorce, welcoming a new child, relocating, or a major change in finances, are all good reasons to take another look at your documents. Updating the will or trust, checking your beneficiary forms, and making sure your assets are titled the right way can prevent most surprises later.
Are You Ready for a Fresh Look at Your Plan?
If your family or finances have changed since you last checked your estate documents, it may be time for an update. O’Brien Law Firm helps Mississippi families create plans that match real-life circumstances. Call 662-672-7619 (or 866-934-8148 toll-free) or visit our contact page to set up a conversation.
