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Does family consensus matter for estate plans?

On Behalf of | Feb 18, 2025 | Estate Planning

Peace of mind, for you and your heirs, is often the ultimate goal of estate planning. You picture it securing your loved ones’ futures, divided equally as a symbol of how much you care for them.

What if your children envision that inheritance differently? How much does family consensus matter in estate planning?

You have the legal right to distribute your assets as you see fit

In New Hampshire, as in many states, the law does not require the agreement of family members for an estate plan to be valid. Still, seeking consensus can help:

  • Reduce the risk of will contests
  • Minimize family disputes over asset distribution
  • Ensure your wishes are clearly understood by all parties
  • Promote open communication about sensitive topics

A family dispute can significantly impact an estate plan. Suppose a parent leaves a significant portion of their estate to one child, leaving the other children with smaller shares. If the children are unaware of the parent’s wishes beforehand, they may contest the will, leading to a lengthy and costly legal battle.

Involving your family in the planning process can lead to better outcomes and fewer conflicts after your passing. Still, it is important to remember that your estate plan should ultimately reflect your wishes. The law recognizes your autonomy in making these crucial decisions.

Family consensus is not always achievable. In such cases, it is crucial to document your decisions clearly and explain your reasoning. This documentation can help defend your choices if someone contests your will later.

Do not leave your legacy to chance

If disagreements arise, it is best not to feel pressured to change your plans against your better judgment. An experienced attorney can help mediate and find solutions that satisfy all parties involved. This way, you can create an estate plan that respects your wishes and maintains family harmony long after you are gone.

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