How Early Legal Planning Can Prevent Future Family Disputes

Attorney Lilach Best says many legal disputes begin years before they reach court, because people fail to prepare the right documents in time. She gives the example of a couple who bought an apartment using money that included a gift from one spouse’s parents, but did not sign a written agreement. Years later, when they divorce, the money becomes part of the property fight. Best says the problem did not start at the divorce, but when the apartment was bought without a prenuptial agreement.

She says the same pattern appears in rental disputes, inheritance fights, and cases involving future incapacity. A tenant who stops paying and refuses to leave may force the owner into a lengthy eviction lawsuit. Family members may later clash over inherited property if there is no clear will. And if a person loses legal capacity without a continuing power of attorney, relatives must ask the court for guardianship, a process she describes as complicated, costly, and emotionally difficult.

Best argues that a prenuptial agreement, a will, and a continuing power of attorney should be treated as one integrated legal plan. She says each document should be checked against the others, because a child with special needs, conflicting instructions, or family tensions can create problems later. She also notes that a rental contract written properly in advance can speed up eviction proceedings if a tenant defaults.

According to Best, inherited property often becomes the source of conflict when siblings want different things, one wants to sell, another to rent, and a third to keep the asset. That can lead to a partition lawsuit, which is a legal right but usually expensive and long. Her message is that early planning can protect assets, reduce family conflict, and prevent expensive proceedings years later.