29 Apr How Kansas Families Can Minimize the Risk of Probate Litigation Through Thoughtful Estate Planning
If you’ve ever witnessed a family torn apart by a dispute over a will or inheritance, you know how painful probate litigation can be. It’s not just a legal battle it’s a personal one. And for many Kansas families, it can be avoided entirely with the right estate planning.
At Generations Law, attorney Kristin Armstrong helps families create plans that protect not just assets, but relationships. Because the truth is, probate disputes often aren’t about the money—they’re about the grief, confusion, and lack of clarity that show up when there’s no plan in place.
So how do you avoid that heartache? It starts with being proactive. Here are some of the key strategies Kristin uses to help Kansas families reduce the risk of probate litigation and create a smoother, more peaceful transition for loved ones.
First, it’s essential to have clear, legally sound documents. That includes a last will and testament, durable powers of attorney, a healthcare directive, and in many cases, a revocable living trust. These documents should be updated regularly, especially after big life changes like births, deaths, marriages, or divorces. Outdated documents are one of the most common triggers for legal battles later on.
Next, communication is key. One of the biggest causes of probate disputes is surprise. When beneficiaries are shocked by what a will says, or doesn’t say, it can create suspicion and resentment. Kristin encourages her clients to have honest conversations with their loved ones about their plans, their intentions, and the “why” behind their decisions. When expectations are aligned ahead of time, there’s less room for conflict down the road.
Asset titling also plays a role. Many people assume a will covers everything, but that’s not always the case. How your accounts, real estate, and property are titled, along with who you’ve named as beneficiaries, can override your will. Kristin helps clients ensure their titles and designations are consistent with their estate plan, so there’s no confusion when it matters most.
Finally, a well-structured trust can go a long way toward avoiding court altogether. Trusts offer privacy, flexibility, and control, plus they help families avoid the delays and costs of probate. For families with complex dynamics, blended households, or potential disagreements, trusts can also be used to protect specific wishes and avoid direct confrontation.
No plan can prevent every possibility, but a thoughtful estate plan can dramatically reduce the risk of courtroom conflict. And perhaps more importantly, it can give your loved ones peace of mind during a time that’s already emotionally charged.
At Generations Law, Kristin Armstrong works with Kansas families to build plans that are clear, compassionate, and designed to keep everyone out of court, and out of conflict. If your current plan is unclear, outdated, or missing entirely, now is the time to make it right.