Estate Disputes- Litigation

Estate planning can be an emotional and complicated process, involving different assets, beneficiaries, and working with a lawyer to ensure documents are legally binding. Even though your documents and choices will be legally binding, there are still disputes that can pop up and cause conflict between surviving family members and other parties. Learning more about what an estate dispute can entail and the common types will help you find the best legal team and achieve an optimal outcome. It is important to remember that litigation can severely deplete your assets and cause an emotional toll on all parties. Working with a dedicated attorney is recommended for all estate cases you may experience.

What Happens In Estate Litigation?

The litigation process involves parties seeking the intervention of the court or legal authority to resolve a dispute that could not be resolved on their own. Disputes can involve resolution methods such as mediation or arbitration, they can end up in court, going through a litigation process. If estate documents are unclear or contain inconsistencies, a dispute is more likely to arise. Litigation is often the last resort for a family or heir who cannot solve the issue on their own. Going through the litigation process will ensure that everyone is represented fairly and the dispute is resolved in a professional manner.

Some Of The Most Common Estate Disputes

You and your family won’t be the first to experience an estate dispute; in fact, there are some common disputes that courts and lawyers see each year. Here are some common disputes and what issues they cover. 

Inheritance Disagreements

The most common type of estate conflict is inheritance disagreements. When someone passes away, their assets will need to be divided according to what is outlined in their will or under the applicable probate laws. If someone feels that they are entitled to a larger share or is upset about someone else receiving a specific item, they may fight for an estate dispute. To avoid this conflict, make sure that your will is clear and uses proper language as well as detailed descriptions and itemized lists of who gets certain assets. 

Contested Wills

A contested will happens when an heir believes that the will does not accurately reflect the deceased’s wishes. Contesting a will can happen for a few different reasons, including claims of undue influence, lack of capacity, and fraud. The contesting of a will can delay the distribution of assets as well as cause strain on family relationships. The emotional and financial toll of a dispute can be significant, so it is best to ensure that a will is ironclad before you or a family member’s death.

Executor Issues

Whoever you choose as the executor of your will has a critical role in managing and distributing your assets according to your wishes. Disputes often arise when someone questions the executor’s performance or suitability. Someone who is trustworthy, organized, and able to be impartial will be a great choice to help you avoid conflicts. When an executor is chosen over another family member, this could also cause issues. If one sibling is chosen over another, they may feel there is favoritism and that they will not be treated fairly in distribution.  

Non-Probate Assets

Not all of your assets will pass through probate, including life insurance policies, retirement accounts, and jointly owned property. Disputes often occur if the designations are outdated or if other beneficiaries feel the will doesn’t fit what the deceased person would have picked. Updating wills frequently after you create them can help families avoid disputes and ensure that your belongings avoid the probate process. 

Ambiguities In The Will

Unclear language or ambiguities in the will can lead to more significant conflicts in the future, which can result in prolonged legal battles. Reviewing your will periodically to ensure it upholds its integrity will lower the risk of estate disputes. You can also include a no-contest clause in your will, which will discourage beneficiaries from challenging the will, as they will forfeit their inheritance if they do so.

Guardianship Disputes

When minor children are involved, guardianship disputes can become contentious. A will should designate who will care for the children in the event that you pass away. If your wishes are not clearly outlined, family members or close friends may try to seek guardianship of your children. You should pick someone you trust and who has the means of caring for children to become the emergency guardian.

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Is Settlement Still An Option If We Pursue Litigation?

Your dispute can be settled outside of a court until the court renders a decision. The likelihood of a settlement will depend on several factors, including whether you have tried to resolve the dispute on your own before, how many parties are involved, and what property or assets are involved. The settlement of an estate can be complex, which is why families often might not be able to settle it on their own and turn to the court system. Working with an estate litigation attorney will help you navigate the case with ease and help you achieve your optimal results through litigation. If you want to save some emotional turmoil and strained relationships, you can settle outside of court at any time during the process (before a decision has been made).

Legal Advice From Kaufman, Nichols, And Kaufman

At KNK Law, we prioritize our clients’ needs and personalities, creating an individualized plan for each case. We can help you develop a will and trust, represent you during a criminal trial, or help you navigate your divorce with confidence. Kaufman, Nichols, and Kaufman have been serving the Ogden community for decades, helping them ot have a better quality of life and navigate life challenges with ease. Each member of our team loves working on a variety of cases and works hard to find the evidence and legal resources you need.