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Avoid the Worst Case Scenario: Litigation over an Estate Plan

Estates & Estate Planning

Here’s the worst-case scenario: You’ve passed away and your family falls, expectedly or unexpectedly, into a tumultuous state. They all have different opinions on how your estate plan should be interpreted, and one or more beneficiaries want to contest the distributions. While everyone knows it’s all about the money, there are easily enough legal “hooks” on which to hang a lawsuit: it can be contested that there has been undue influence, document forgery, breach of fiduciary duty, or that the deceased testator was not of sound mind.

woman and man talking about litigation

Litigation over an estate plan is terrible for everyone involved. For the sake of your family’s well-being work now to avoid this problem in the future—I really cannot express this enough.

Three Best Ways to Avoid Litigation

  1. Have a plan. Having an estate plan that is carefully planned and well thought out, created by an experienced estate planner, and completed well in advance of any death or disability is the single best way to avoid litigation.
  2. Talk about it. It’s critically important to discuss your final wishes with your loved ones and beneficiaries. Clear the air now. Don’t leave it up for future interpretation.
  3. Include a clause that discourages litigation. An experienced estate planner can include a provision in your estate plan to shut out a beneficiary if s/he brings litigation. (This is also important why you need an actual lawyer to help craft your estate plan.)

I would love to discuss your individual estate planning needs; contact me via email at gordon@gordonfischerlawfirm.com or give me a call at 515-371-6077. Want to get started on your estate plan? My free, no-obligation estate plan questionnaire is a good place to start.

January 27, 2019/by Gordon Fischer
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Read GoFisch: January 2019 Edition of GFLF’s Newsletter

Newsletter
man reading on tablet

The January edition of GoFisch is live! This month’s edition features:

  • Personal and professional resolutions you can actually keep
  • First GoFisch Book Club pick for the year
  • Nonprofit & philanthropy news worth knowing
  • Must-read blog post highlights
  • Interesting panel discussion on estate planning

Like what you read? Don’t forget to subscribe to GoFisch and tell your friends. I like to think of it as the least boring law firm newsletter you could hope to read! Also, if you ever have any suggestions for content you would like to see, do not hesitate to contact me.

January 15, 2019/by Gordon Fischer
https://www.gordonfischerlawfirm.com/wp-content/uploads/2019/01/Screen-Shot-2019-01-15-at-11.06.37-PM.png 690 867 Gordon Fischer https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Gordon Fischer2019-01-15 23:08:152020-05-18 11:28:49Read GoFisch: January 2019 Edition of GFLF's Newsletter

January GoFisch Book Club Pick

Book Club

If you set a resolution to read more books this year, you’re in good company. Most of us could all read a little more. Luckily, January is, in my opinion, actually one of the best times to start a lasting reading habit. The days are short, snow blankets the ground, and nothing sounds better than staying in with a warm mug and a good read.

gofisch book club january

So far, the GoFisch Book Club has added a variety of titles to the list, ranging from fiction relating estate planning to charitable giving nonfiction. This month all readers and especially nonprofit professionals can benefit from diving into Made to Stick: Why Some Ideas Survive and Others Die.

It’s not a new book (it was published in 2006), but it is a book that will be a standout on your business bookshelf. Of course, it’s “stats” speak for themselves: Made to Stick has been translated into 29 languages and topped all the lists. It’s an easy, engaging, funny read that doesn’t plod or self-aggrandize like the narratives in some business books. With plenty of real-world stories, the authors Dan and Chip Heath explain how to communicate and build on creative ideas that take projects, programs, and products to the next level. Undoubtedly, a book like this can help nonprofit leaders take the execution of their missions up to the next level.

What books would you like to see selected by the GoFisch Book Club in the coming months? I always love to hear reviews, so shoot me an email at gordon@gordonfischerlawfirm.com!

January 11, 2019/by Gordon Fischer
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Gordon Fischer Law Firm, P.C.

Gordon is based in Cedar Rapids and serves clients all across Iowa

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(515) 371-6077 gordon@gordonfischerlawfirm.com
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