Sheppard Law Firm - January 2026

HEIRS AND DISHARMONY The Price of a Poor Trustee Choice

Few scenarios are as sad and emotionally challenging as a family torn apart by a poorly considered estate plan.

when asked specific questions about distributions, money, and the logistics surrounding the arrangement. Feeling shut out of the process, the rest of the family grew suspicious and eventually had to take the matter to court. Naturally, our client hadn’t envisioned such a negative ordeal when he chose his eldest son as the trustee; he simply went with what he thought was the most obvious choice. Just because someone is the oldest doesn’t necessarily mean they’re the most equipped to handle certain obligations related to an estate plan. Being an effective trustee requires organization, strong communication skills, emotional strength, and complete transparency. Anything short of these qualities could lead to miscommunication and disputes that could have been easily avoided. An estate plan isn’t a path set in stone; you can always revisit and revise it to ensure greater security for your legacy. Please contact us if you’d like to reconsider your existing plan or reevaluate those you’ve entrusted to

Of all the moving parts involved in creating a smooth and easily executed plan, selecting an ideal trustee is one of the most essential. Unfortunately, we’ve encountered situations over the years where a client chooses a trustee who ultimately proves to be unfit or unable to fulfill their duties, causing familial strife and even litigation on top of the emotional toll of losing a loved one.

As just one example, a client’s daughter contacted us after he had passed away. On paper, her father’s estate plan was well-structured and clearly stated. The trust was funded, and he had named his oldest son as the trustee. However, his daughter expressed grave concerns over her sibling’s ability to uphold his commitments in his assigned role. According to her, he had a habit of poor recordkeeping and failing to respond to emails regarding the trust. He also became evasive

carry out one of the most critical duties needed to ensure harmony within your family once you’re gone.

TAKE A BREAK!

INGREDIENTS

4 bacon slices, chopped into 1/2-inch pieces

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1/2 tsp cumin 1 1/2 tsp salt

5–6 large jalapeño peppers, minced with stems and seeds removed

1 lb gold potatoes, peeled and cut into bite-size pieces 8 oz full-fat cream cheese

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1/2 small onion, chopped 4 garlic cloves, minced

1 cup shredded fresh cheddar cheese

4 cups low-sodium chicken broth

2 tbsp lemon juice

DIRECTIONS 1. Place a large heavy-bottomed pot over medium heat, cook bacon until crispy, then remove to a plate. 2. Add jalapeños and onion to the pot and cook for 5 minutes, stirring occasionally. 3. Add garlic to the pot and sauté for 1 minute. 4. Stir in chicken broth, cumin, salt, and potatoes, and simmer for 20 minutes. 5. Place cream cheese in a mixing bowl and add 1 ladle of hot broth before mixing. 6. Add cream cheese mixture to the pot and stir. 7. Remove from heat and add cheddar cheese and lemon juice, stirring until the cheese melts. 8. Pour into serving bowls, topping with bacon and more shredded cheese.

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