New study reveals the estate-planning choices that are likely to pit heirs against each other

CJP: This entirely depends upon the facts of your particular situation: "One of the biggest pitfalls for handing down wealth is choosing one child to control a family trust when siblings or other relatives would also benefit, according to the analysis of 640 trust disputes, published in the Washington University Law Review earlier this month.

"Christopher Ryan, one of the study’s authors and a professor at Indiana University Maurer School of Law, described this specific trust setup as 'an important recipe for conflict.'

" 'That arrangement could combine ordinary sibling rivalry with a genuine power imbalance,' he told CNBC via email. For instance, he added, giving one child privileges such as discretion over trust distributions can deepen preexisting feelings among siblings that a parent played favorites.

(. . .)

"To help stave off conflict, the study’s authors said, parents should be proactive about tough conversations and should consider an independent or professional fiduciary.

" 'Death brings out strong emotions,' Horton said. 'It may be a good practice to explain your estate planning choices to your loved ones while you’re alive to flush out any conflict.' "

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#estateplanning #wills #trusts #probate

https://www.cnbc.com/2026/09/25/study-estate-planning-heirs-legal-battles.html

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