Families with pre-existing relationships with estate planning attorneys should strongly consider using their services since it provides the type of continuity that is valuable in estate planning.

Only an experienced estate planning attorney should be considered for a client with substantial assets. Referrals from friends or other professionals can be invaluable.  Another excellent resource is the American College of Trust and Estate Counsel (ACTEC), which is a professional organization of experienced estate and trust lawyers. ACTEC's Web site is www.actec.org. 

Beneficiaries Should Be Part Of The Planning Process
It is crucial that clients be candid with their estate planners. Numerous lawsuits arise because people conceal relevant information, such as having had a child out of wedlock, having family members with substance abuse problems or other issues that could impact succession planning.

Another important step is to hold a discussion with beneficiaries during or after the estate planning process.  No one likes to think about their own death and in many families talking about finances or an estate plan is taboo.  But if the goal is to avoid conflict, letting the beneficiaries know what to expect and having them feel they are part of the process can be invaluable.

If the issue is the disposition of a family business, for example, it's helpful for the beneficiaries to know which family members will be expected to be involved in the business after the parents die. If beneficiaries find out after the fact, it may lead to discord and litigation.

These discussions can be uncomfortable, but they may help avert a dispute down the road. Having a professional family counselor lead an open discussion of an estate plan is an excellent way for people to share their views before the plan is completed.

The 'No Contest Clause'
Some states allow a "no contest clause" to be included in a will or trust.  It generally says that if a beneficiary challenges the validity of the document, or any of its terms, the beneficiary forfeits his inheritance. If the beneficiary's challenge is successful, then the document is deemed invalid and the clause does not apply.

Some states, such as Florida, will not enforce such clauses and other states have strict limitations on when they can be enforced or what constitutes a "contest."

Good estate planners will advise clients to include a relatively substantial gift to family members who may have reason to challenge a plan.  In this way, the beneficiary has to make a choice between receiving the gift-which would undoubtedly be far less than what the beneficiary would receive if the estate plan were declared invalid-or to roll the dice in litigation. 

Review Your Estate Plan Often
Taking steps to "bullet-proof" an estate plan does not end once the documents are prepared and signed. Tax laws change and estate plans may need to be changed along with them. To ensure everything is up to date, clients and their attorneys should review trusts and wills as frequently as once per year. Estate planners generally contact clients when changes in the law affect estate plans, but some may not. So clients should not forget to check up on such issues from time to time.