I wrote a newsletter regarding avoiding a will contest.
Clients often think that a change to their estate plan is “simple” – they would simply like to change the names of the trustees and the names of the beneficiaries. This is exactly the type of change that would likely lead to litigation.
I will not amend another attorney’s documents. When my clients ask me to make changes to documents I have prepared for them, I prefer to restate the entire trust. I meet with the clients not less than twice and document those meetings to ensure that the reasons for the changes are clearly stated in my files. I encourage my clients to discuss their estate plan with their families, letting them know of any changes, and explaining their reasoning.
An up-to-date estate plan is a terrific tool for preserving family harmony.