Navigating Inheritance Disputes: Insights From Legal Professionals

Inheritance disputes tear families apart. When people are mourning, emotions come to the forefront and old hurts may surface. If there is no will or a will is being contested, fights may begin. The probate process is stressful enough, so people don’t need this added burden after the loss of a loved one. Navigating this type of dispute is possible if a person knows what to do. They can approach the situation with clarity and resolution to get the matter resolved quickly in the best way possible.

Understand the Probate Process

Probate is a process that begins when a person passes. The goal is to validate the will, pay all debts, and distribute assets as outlined in the document. When the person passes with no will, the state determines how these steps are carried out. Asset distribution is where many problems arise, and these problems can often be avoided by contacting Grossman Law Firm.

Common Problems Seen During Probate

When one or more family members disagree with the contents of a will, they may choose to contest it. They believe this document isn’t an accurate accounting of what the deceased desired. For example, a family member might believe undue influence was placed on the deceased and they changed the will to favor the person putting pressure on them.

The will might not be clear when it comes to how assets should be distributed. It might be a problem with the wording or provisions might conflict. Often, misunderstandings are at the heart of inheritance disputes. Estate planning can help to prevent these issues or reduce the risk of problems arising when a person passes.

Consider Mediation

When possible, opt for mediation to settle any matters that arise during probate. Mediation is one way to avoid a lengthy and costly court battle. While the mediators must be paid for their time and services, they help families resolve matters. In addition, families have more control over the mediation process. If the case goes before the court, a judge has the final say. Mediation often helps preserve relationships while allowing all parties to feel as if they are being heard.

Legal Options

Sadly, many inheritance disputes have nothing to do with asset distribution and more to do with old hurts and disagreements. The dispute is a byproduct of these unresolved issues. A person might choose to contest a will, for example, and ask the court to determine its validity. They think this will bring them a resolution. Sadly, the opposite often happens. Contesting a will takes time and money. In addition, it can strain family relationships. Those who choose to contest the will might find they lose additional relationships when they take this step.

Estate Planning

Estate planning can help to prevent many inheritance disputes from arising in the first place. Although it won’t stop all problems of this type, it outlines a plan for asset distribution upon a person’s passing. The planning process allows an individual to determine exactly where their assets should go and why. They have time to think about how each asset will benefit the intended recipient and how it may do them harm. Estate planning can help minimize the tax implications of asset distribution to reduce this harm. However, a person must regularly update this plan, especially when there are major changes in their life or when they acquire or dispose of assets.

Inheritance disputes are not only costly and time-consuming; they are also emotionally draining. Estate planning helps to simplify the process and ease the burden of the probate process. Contact an attorney today for help in developing an estate plan or navigating an inheritance dispute. Their guidance becomes invaluable in situations such as these.