estate planning

Estate Planning Helps Reflects Your Wishes

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Deciding who will inherit your assets seems straightforward until you delve into the complexities involved. Many assume that selecting beneficiaries is the end of the estate planning process, but reality often presents a more nuanced picture.

Consider Mary Bartels’ scenario: in 1977, she meticulously outlined in her will that her daughter, Deborah Smith, would inherit only a sewing machine, photographs, and a china cup. Mary explicitly stated that these items were to be the extent of Deborah’s inheritance, with the rest of her estate left to her husband. Yet, after her husband predeceased her, and without further instructions in her will for this scenario, an appellate court case in Oregon ensued to determine the rightful heirs of the remaining estate. Contrary to Mary’s explicit wishes, the court ruled that Deborah, her disinherited daughter, was entitled to the estate due to the absence of clear directives for such an unforeseen circumstance.

estate plan

This case highlights the potential pitfalls in estate planning when instructions are ambiguous or incomplete. Another common source of confusion arises when assets are left to “descendants” without specifying the distribution method. The interpretation of whether assets should be divided per capita (equally among all descendants) or per stirpes (divided along family lines) can significantly affect the distribution of your estate.

The complexities of estate planning underscore the importance of choosing beneficiaries and clearly articulating your wishes in all conceivable scenarios. A skilled estate planning attorney can guide you in crafting a comprehensive and unambiguous estate plan that truly reflects your intentions, safeguarding your legacy and ensuring your wishes are respected.

Contact us to schedule your free personal consultation. 

From the desk of Attorney Brandon McGee, McGee Law Firm

Brandon McGee
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