I work with a lot of families to design their Connecticut estate plan. An important part of my role in that process is to protect my client’s estate plan from probate litigation when it ultimately comes time to administer the estate plan. Some clients understand and appreciate the risks of potential family turmoil when they are no longer able to resolve the turmoil. Other people I meet with think they are immune from family conflicts ending up in Connecticut Probate Court. Nobody is immune.

Let’s look at the case of George A. Smith, IV. He disappeared on a cruise ship in 2005. His probate estate is ongoing in the Greenwich Probate Court. Jennifer Hagel Smith is George’s widow and Administrator of the estate.

The Administrator reached an agreement with the cruise line for a settlement of $1 million. George’s parents do not agree with the settlement and are objecting to its approval by the Greenwich Probate Court. They would rather pursue a wrongful death civil lawsuit against the cruise line.

Here we are: George passed away unexpectedly; the Probate Court appointed his wife as Administrator which may or may not have been his wish (we don’t know since it seems George never prepared any estate plan); and George’s wife and parents have different opinions on how to handle a significant issue in the administration of the estate. This all leads to George’s loved ones battling each other in Probate Court hearings and probably throwing mud at each other to win their case.

I bet George never expected his loved ones to be in this kind of conflict and turmoil, nobody does. But it does happen and you can help avoid it with a well crafted estate plan that communicates your wishes and stops the people left behind from wondering what your goals are.