Ideally, an estate plan helps provide a family with guidance after a loved one passes away. These plans can streamline the probate process and lower the odds of disputes.
That being said, estate disputes are certainly still possible and do happen. In order to know how to respond to them and navigate this complex legal situation, it is important to know why they occur. While there are many reasons, below are three examples.
Unequal bequests
There is no law requiring someone to divide their assets evenly between family members or beneficiaries. They are allowed to split up their bequests in an unequal fashion if they would like. However, this can sometimes lead to conflicts between beneficiaries, who may have expected things to be a bit more equal and may feel that the division is unfair.
Issues with testamentary capacity
Another potential issue is if a beneficiary claims the decedent did not have testamentary capacity, so certain portions of their estate plan (such as updates made at an older age) may not be valid. For instance, many elderly people develop conditions like Alzheimer’s or dementia, which could call their testamentary capacity into question.
Conflicting documentation
It is wise to update estate plans over the years, but it should always be clear what the newest version is and which version is binding. There can sometimes be estate disputes if the documentation is in conflict. For instance, one version of a will may include a certain beneficiary, while another version disinherits them.
Disputes during the probate process can be painful, but understanding common causes helps you respond more calmly and effectively. If you find yourself facing a disagreement, consulting an experienced estate attorney can clarify your options and pursue resolutions that respect both the law and their loved ones.