The loss of a loved one can be a point of strain and conflict for the entire surviving family. For this reason, both the executor of the estate and the beneficiaries must be clear on what to expect after their loved one’s passing. At the Law Offices of William D Black, we understand that this can quickly become complicated and emotionally charged. Our Phoenix trust/probate litigation lawyer is here and can help you understand some of the complexities of probate law.
Common Inheritance Disputes
Inheritance disputes are, unfortunately, common. Family dynamics can be complicated and challenging to navigate, and the division of money and items can often feel like the final statement from the deceased regarding the value of their relationship. This can understandably introduce additional conflict and intricacies. Some of the most common reasons for inheritance disputes are:
- Disputes with siblings: in some cases, a will may not be updated following the birth or adoption of a sibling, there may be a fictive kin situation in which a child does not have a legal parent-child relationship, there could be stepchildren who were left out but feel entitled, and in some cases, a biological child may be specifically disinherited
- Spouse and Children following Divorce: If a document is not updated following a divorce, an ex-spouse may be granted inheritances, and they are no longer entitled to following the divorce. Similarly, some biological children may be left out if the entire estate is left to a non-parent spouse who does not distribute assets to the biological children
- Last minute changes: When a decedent has made changes last minute that seem to be a surprise to members of the family, there may be suspicion or conflict surrounding that change
- Dying intestate: If the person has passed away without a will, this is considered dying intestate and can make the inheritance process particularly difficult with no formal guidance as to the decedent’s wishes
Managing Disputes
The key to effectively managing inheritance disputes is to communicate clearly and consider the best interests of the estate. If you can communicate openly and with the decedent’s preferences in mind, you are more likely to reach a resolution. This is where in-depth knowledge of the estate plan and the legal requirements and obligations can be helpful, allowing a more collaborative interaction and resolution. If you cannot find a resolution through other avenues, you may want to seek the help of an attorney.
At the Law Offices of William D Black, we certainly try to exhaust all options before taking a case to court to minimize the time and cost of the litigation. These options may include mediation efforts and education on the laws and intentions of the decedent. However, when these options are unsuccessful, we can continue to work on your behalf to litigate for the outcomes that best align with your loved one’s intentions.
The loss of a family member should not be made more painful by adding to the chaos with a drawn-out court battle. With more than a quarter century of experience, we will work to resolve your conflict as quickly as possible, allowing everyone to move on and adjust to their new normal without the loved one.