Common Disputes That Lead To Estate Litigation

The last thing anyone wants is for their family and other loved ones to fight over their estate plan or their assets after death. Creating a carefully detailed estate plan supported with valid legal documents allows you to pass on your wealth and legacy and helps to prevent family disputes over your estate. The bequests left to loved ones and especially the distribution of financial assets contained in a decedent’s estate are sadly among the most common causes of conflicts and disputes among family members. Although there is no way to ensure that these do not occur, estate planning is the most effective way to maintain harmony and avoid ongoing problems and estate litigation after your death. Take proactive steps to ensure your legacy will be transmitted as seamlessly as possible. Schedule a consultation with a seasoned estate planning attorney at Fleurinord Law, PLLC, by calling (305) 900-3139 in Florida or (713) 346-2011 in Texas today.

Top Causes of Disputes in Estate Litigation

While there are steps that estate planners can take to help avoid estate disputes after their death, sometimes conflicts will still occur. There is no way to please everyone all the time. Unfortunately, estate litigation often arises after people die, and there is no sure way of avoiding it entirely. There are often disagreements, especially when there are prior tensions and family conflicts, or in cases of a large estate with a significant amount of assets. The most common causes of disputes and estate litigation include the following:

Estate Planning Documents Errors and Defects

When estate planning documents, such as the Last Will and Testament, are defective because of missing information or drafting errors, beneficiaries often file a challenge in probate court. According to instructions of the Texas Estates Code, estate heirs and those with interest have the legal right to dispute the validity of wills for up to two years.

Undue Influence

When there are unexpected and recent changes to an estate plan and the will, an estate beneficiary may challenge the will for undue influence. The challenges usually occur when the testator is very sick or elderly, and some or all of the family members believe a third party may have improperly influenced the decedent to change their final wishes and regarding the distribution of their assets after.

Lack of Testamentary Capacity

Similar to undue influence, lack of testamentary capacity challenges usually occurs when the testator creates or changes a will when they are sick or elderly. Under the 2022 Florida Statutes, a testator must be of sound mind at the time they draft and sign the will. In challenges alleging lack of testamentary capacity, the person contesting the will has the legal burden of proving they lacked mental capacity.

Personal Representative Issues or Breach of Fiduciary Duty

The estate’s personal representative must act in the best interests of the estate and its beneficiaries as they handle their duties. If any of the beneficiaries or parties with interest feel the representative’s actions violated their responsibility, or that they mismanaged the estate, a dispute and litigation may occur due to a perceived breach of fiduciary duties. A knowledgeable estate litigation lawyer at Fleurinord Law, PLLC could review all options and assist concerned parties in seeking a resolution.

How To Avoid Family Disputes and Litigation Over Your Estate and Will

Most of the time, probate proceeds, smoothly without serious disputes or ongoing estate litigation among family members. However, sometimes death can bring out the worst in people, and conflicts can elevate quickly when there are already family tensions. Estate planners can encourage family harmony by preparing a sound estate plan and informing their loved ones of their decisions and final wishes in advance.

• Everyone should create estate plans while they are healthy and sound of mind; doing it after an illness could lead to challenges from the beneficiaries.
• Keeping children updated about planning can help siblings avoid disputes over assets and unexpected changes.
• Estate planners can express their final wishes to their families and beneficiaries during life, so that there are no surprises after death.
• When a provision in the estate planning documents seems susceptible to accusations of unfairness, the estate planner can provide an explanation in the estate documents themselves.
• Choosing a levelheaded and responsible representative of the estate to handle the probate duties as needed and carry out one’s final wishes is crucial.

Best Ways To Resolve Estate and Trust Disputes

Holding a family meeting to review the estate plan and advise the family of final wishes for asset distribution can be helpful in avoiding problems down the road. Even providing an outline of the estate planner’s intentions without going into detail can be helpful. Careful preparation and a solid understanding of estate planning rules and regulations are key to creating a sound estate plan and helping to avoid disagreements leading to bitter litigation. However, estate planning is an ongoing process with unsuspected or planned changes happening all the time. Estate planners should monitor and update the estate plan and documents periodically. That includes modifications, document changes or replacements, and updating beneficiaries as necessary.

Some Conflicts Are Inevitable

There is no sure proof way of avoiding estate disputes altogether. Planning carefully and keeping the family updated is best, but not always possible. When problems arise, the beneficiaries and others with interest may need to resolve the dispute through estate litigation or alternative avenues. Resolving disputes through mediation or arbitration can be less time-consuming, more straightforward, and cheaper than litigation. These alternative paths to estate dispute resolution are, in many cases, also far less emotionally taxing than the extended process of estate litigation.

Mediation and Arbitration

Family members may find it helpful to consult with an estate planning attorney as they consider their options. While many attorneys are indeed powerful litigators, often a seasoned attorney will have experience in finding ways to resolve disagreements before the matter ever reaches a courtroom. An experienced estate planning attorney may be able to assist bereaved family members in evaluating legal strategies for pursuing resolution through a mutually acceptable agreement.

Call an Experienced Estate Planning Attorney Today

After spending a lifetime building your estate to pass on to beneficiaries and leave a lasting legacy, resentment and anger among your family is probably the last thing you want. However, after the loss of a loved one, families face many challenges, and tensions tend to rise. Therefore, disputes over the estate plan leading to litigation are an unfortunately common accompaniment to the probate process. Estate planners can reduce the likelihood of these outcomes by developing carefully documented estate plans detailing all bequests and instructing their final wishes clearly. However, some disputes are out of your hands, and finding a resolution to them will ultimately be up to those you leave behind. Meet with a qualified estate litigation lawyer at Fleurinord Law, PLLC, for help in preparing an estate plan or resolving an estate dispute by calling (713) 346-2011 in Texas or (305) 900-3139 in Florida today.