Estate disputes can be some of the most challenging things that families will encounter. When someone passes away, the stakes are high, emotions are tense, and there are complicated legal things to resolve. Handling an estate can often lead to disputes and contention as everyone works through the aftermath of a loss.
Hiring an estate lawyer to help handle the process can ensure proper representation and legal advice for family estate disputes, providing guidance and knowledge from an outside party that isn’t as affected by emotions or personal wishes.
What Causes Family Estate Disputes?
There are many reasons that a family might experience disputes after someone passes. In some cases it comes down to greed, but in most cases it stems from misunderstandings and misinterpretations. Most disputes center on perceived fairness, unclear instructions, and the distribution of assets.
These are some common dispute factors:
- Missing will
- A will that is vague and unclear
- Claims of undue influence
- Unequal inheritances
- Executor concerns
Disputes happen, but there are legal representatives who can help provide guidance and work through them, rather than leaving it up to a family member to figure it out.
The Value of Legal Guidance for Disputes
Those who are in the midst of a dispute are often triggered by stress, emotion, and other tensions. Emotions and stressors can make navigating an estate dispute even more complex. Legal professionals are outside of these arguments and emotions so they can provide an objective perspective, considering the law and the best interests of the family.
Legal guidance is invaluable, and here are a few reasons why:
- Provide an objective assessment of the situation, leaving emotions out of it
- Explain and clarify rights so that everyone is aware of what can or cannot be done
- Mediate to help resolve conflicts or allow smoother family discussion
- Comply with legal guidelines, including estate law and state-specific compliance
A legal representative doesn’t take sides. They look at the big picture and help determine the best path forward in accordance with the estate wishes and legal guidelines.
Navigating Family Estate Disputes
If you or someone you know is facing estate disputes, seeking legal guidance and support is the best approach. Every provider will have their unique responses to help guide everyone through the process.
Generally speaking, when in a dispute, use these steps to navigate with the help of legal support:
- Identify any potential disputes early if at all possible. If you anticipate a dispute, work with an attorney right away so they can assess the situation and identify any primary issues.
- Encourage mediation with the use of legal assistance so everyone feels they can turn to an outside party for fair resolution. Most estate lawyers will provide mediation services or can connect you with someone who does.
- Consider an executor or trustee’s review if the concerns are specific to the actions of an executor. This will involve consulting with an estate lawyer to clarify rights and responsibilities, reviewing the executor’s work to determine if they are within scope.
- Be aware of the financial implications estate disputes can have, particularly if they are left unresolved.
- Always keep detailed records and documentation. This includes communications, agreements, transactions, and anything else directly related to the estate.
Some families may also benefit from counseling support. This will depend on the family, but counseling support can help determine whether there are other factors that are causing a rift and help every member work through emotions, grief, and more.
Preventing Estate Disputes
Just because one dispute gets resolved does not mean there won’t be more. When one dispute happens, an estate lawyer will help consider whether there may be additional conflicts, but they can also provide insight for preventing additional conflicts.
With the support of legal guidance and a full review of the situation, estate planning attorneys can help reduce the likelihood of future misunderstandings as well. When looking for a legal professional, choose someone who is knowledgeable and will help work through the dispute in a way that won’t drive everyone apart.
You can consider skills like these:
- Estate law specialization
- Skills with mediation
- The ability to communicate well and be empathetic
- Not contributing to arguments or disputes
A lawyer must not only understand estate law but also skillfully de-escalate conflicts and act as an external representative on behalf of the estate.
Final Thoughts
Seeking legal advice for family estate disputes is the best way to get guidance, clarity, and support. Families will have someone to help resolve conflicts more amicably and ensure the decedent’s wishes are respected in the process. Focus on recovering and grieving, and let the legal representative handle the estate details on your behalf.
Vance Hendrix, attorney at law, can help with family disputes and estate planning needs. We’re here for you and your loved ones through planning and estate distribution. Schedule a consultation today to get the help you need!
