Relationships can be the most difficult part of our lives and for many people familial relations are the most strained relationships. For countless reasons, your relationship with family can be complicated. Maybe your family disproves of your lifestyle–or vice versa. Perhaps you were the child of a chaotic and messy divorce and haven’t spoken to the “other” parent in many years. Maybe one of you ended up in a relationship that has driven a wedge between the family. No matter the reason, every family can be subject to the strong feelings that these issues can bring. Occasionally, things get so bad that it’s simply easier to not communicate with the other family member rather than deal with the issues.

For those who break ties–whether permanently or temporarily–your decision may have legal implications. First, understand that the law routinely gives certain rights to close family members if the need arises. For example, when there is no advanced planning, certain relatives may be allowed to make emergency medical decisions for you if you unable to do so for yourself. In addition, if you unexpectedly die without any planning (like a Last Will & Testament), your heirs (which may include those from whom you’re estranged) may inherit your property, while others friends and family that you remain close with receive nothing. While there are certainly exceptions and intricacies to the law, if you’re in a situation like this you should simply focus on the fact that a person you’re estranged from could be in the position of making important legal decisions on your behalf or even inheriting your property and for many people this thought is cringe worthy.

Fortunately, there is a solution to solve this issue. If you’re an adult, you have the right to execute legal documents which will allow you the right to indicate your preferences through strategic estate planning. You may choose to expressly disqualify immediate family members from serving as your guardian, inheriting from you, or even serving as the personal representative (e.g., executor) of your estate when you pass away. Even if you don’t plan on getting married, you may designate your significant other to be the person who is responsible for you or your property. Basic estate planning is simple, typically low cost, and will resolve issues like those discussed in this blog.

The above blog is for informational purposes only and is not legal advice nor does any information or communication with this website create an attorney-client relationship.