How to Protect Your Children from Inheritance Disputes in Florida

June 16, 2025

How to Protect Your Children from Inheritance Disputes in Florida

Inheritance disputes can strain or even destroy family relationships. In Florida, these issues often arise when estate plans are unclear, outdated, or nonexistent. For parents, ensuring your children receive what you intend—without conflict—is one of the most important goals of estate planning. At Michael Greenwald, P.A., we help families throughout Broward County take steps to minimize risk and protect their loved ones from future legal battles.


Why Inheritance Disputes Happen


Inheritance disputes often stem from ambiguity or surprise. Common reasons include:


  • No estate plan: Without a valid will or trust, the court distributes assets according to Florida’s intestacy laws.
  • Outdated documents: An old will may not reflect your current family dynamics or financial situation.
  • Unequal distributions: Leaving more to one child than another can trigger feelings of resentment.
  • Unclear instructions: Vague language in a will or trust can cause confusion or disagreement.


Steps to Prevent Disputes


1. Create a Clear and Legally Sound Estate Plan


A comprehensive estate plan is your strongest defense against disputes. This usually includes:


  • A last will and testament
  • A revocable living trust (especially useful for avoiding probate)
  • Powers of attorney and advance healthcare directives


Work with an attorney who understands Florida law to ensure everything is valid and enforceable.


2. Consider Using a Trust


Trusts are private and often avoid probate, which can reduce the chances of litigation. They also offer you greater control over when and how your assets are distributed. For example, you can delay distributions until children reach a certain age or tie them to milestones like graduation.


3. Communicate Your Wishes Clearly


While it may feel uncomfortable, talking with your children about your intentions can reduce confusion later. Explain any decisions that might be seen as controversial (like giving more to one child due to special needs or past assistance).


4. Update Your Plan Regularly


Life changes—such as divorce, remarriage, or the birth of new grandchildren—should prompt a review of your estate plan. Revisions ensure your documents reflect your current wishes and prevent outdated instructions from causing disputes.


5. Choose the Right Personal Representative or Trustee


Select someone responsible, impartial, and capable of handling your estate. Consider a professional fiduciary if you worry that appointing one child over another could spark conflict.


How Michael Greenwald, P.A. Can Help


Estate planning in Florida involves more than just paperwork—it requires foresight, legal insight, and a personal touch. At Michael Greenwald, P.A., we guide Broward County residents through the process with care and clarity. Whether you’re starting your estate plan or need to update an existing one, we’re here to help you protect your family’s future.

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