Estate disputes are uncomfortable, and the high level of family drama involved can be too much to bear. These disputes can drain your emotional energy and strain relationships for years. When someone in the family dies, their assets usually need to go through probate or a trust administration process. This can spark disagreements over wills, asset distribution, executor duties, creditor claims, and more.
Without proactive estate planning and clear legal guidance, these conflicts can escalate into expensive and exhausting legal battles. Here’s how to avoid these disputes – and how to address them if they happen to you.
- Work with an estate lawyer
Most estate disputes begin over verbal agreements and wishes that were never made legal. Often, this involves a disagreement over who should be the executor. Sometimes there’s paperwork that was drafted but never finalized. In some cases, there are multiple documents with conflicting wishes. Bringing in a knowledgeable estate planning lawyer as quickly as possible is the best solution. A lawyer will look at all of the documents available and handle the situation according to the law.
- Be prepared for probate
Around 2.6 million probate cases are filed every year in the United States, and it’s not a simple process. A probate case can take a year or two to complete, and settling an estate through probate can cost between 4%-7% of the estate’s total value. Just getting involved with the court can escalate family conflict and make reconciliation harder, even once the case is over.
Something many people don’t realize is that probate hearings are usually public, which means personal details will become public record. All of this makes the case for exploring alternatives to probate court when possible.
- Consider alternative dispute resolution options
Before you head to probate court, consider alternative dispute resolution avenues like mediation. If you don’t know how this process works, talk to an estate planning attorney to find out if it’s a good choice for your situation.
Estate mediation is often faster and cheaper than probate court. For example, your case could be resolved in hours or days compared to months or years in court. Since there’s less time involved, the cost is a lot lower. Best of all, mediation is kept confidential and since it encourages negotiation and cooperation, it’s more likely to preserve family relationships.
- Be prepared to handle a contested will
Although only around 0.25%-3% of wills are contested, considering how many estates go through probate, that still amounts to a significant number of legal cases. If you’re dealing with a significant estate or there are multiple people involved, there’s a chance someone will contest the will.
People contest wills for a variety of reasons, but they need to prove undue influence, lack of mental capacity, improper execution, or fraud. In some jurisdictions, trusts are also disputed in probate cases. If someone contests a will, it can increase the time spent in court, which increases the cost of probate for everyone. The timeline to resolution can be extended by months or even years.
- Don’t get emotionally involved
While you’re handling a loved one’s estate, don’t get sucked into the emotional drama others create. Don’t argue or fight. If you try to get everyone on board with mediation and they refuse, and you aren’t in a position to control the situation, you may need to consider walking away to maintain your own peace.
- Don’t make the same mistakes
If you’re ever involved in a family estate battle, that’s your sign to get your affairs in order and avoid the same situation when you pass. You can’t eliminate conflict completely, but you can take steps to lower the chances of disputes.
Create your estate plan with the help of a lawyer and make sure it gets updated when life situations change. For example, if you get married, divorced, or have a child, it’s crucial to update your documents. It’s equally important to sit down with your heirs to explain your decisions so there are no surprises later on. People tend to fight over unequal distributions, so make sure everyone understands your plans ahead of time.
To avoid disputes over the value of significant assets, have them professionally appraised. And don’t forget to include proper tax planning to shield assets with trusts when possible. Most importantly, choose your executors and trustees wisely, and name backups just in case. Ensure the people you name are capable of handling the duties.
Strategy and a good lawyer are critical
Estate disputes don’t have to become long-term family wars, but sometimes they can get out of hand. A proactive approach with the help of a lawyer can significantly reduce the chaos and cost for all involved.
Peyman Khosravani is a seasoned expert in blockchain, digital transformation, and emerging technologies, with a strong focus on innovation in finance, business, and marketing. With a robust background in blockchain and decentralized finance (DeFi), Peyman has successfully guided global organizations in refining digital strategies and optimizing data-driven decision-making. His work emphasizes leveraging technology for societal impact, focusing on fairness, justice, and transparency. A passionate advocate for the transformative power of digital tools, Peyman’s expertise spans across helping startups and established businesses navigate digital landscapes, drive growth, and stay ahead of industry trends. His insights into analytics and communication empower companies to effectively connect with customers and harness data to fuel their success in an ever-evolving digital world.
