When a family member dies, you may find yourself dealing with not only the emotional impact of that loss, but also the complexities of succession and estate distribution. If your family member has a clear will or solid instructions involving succession, it can make it easier to decide what to do next. On the other hand, sometimes, family members may contest succession or dispute the terms of the will–or, you might not have such clear instructions to begin with. This can lead to immense emotional and financial toll for everyone involved.
Working with an experienced, compassionate law firm can help. At Stephenson, Chavarri & Dawson, L.L.C., we have extensive experience helping to resolve family disputes and ensure that succession goes the way you intended. If you’re dealing with estate distribution challenges, follow these tips.
Tip #1: Understand why disputes occur.
Typically, disputes concerning estate distribution occur for one of several key reasons. You may have a dispute because:
- Your loved one did not leave behind clear intentions regarding distribution of property. Most often, this results in a different idea of what constitutes “equal” to the family members left behind, which may lead to a significant dispute.
- Your loved one leaves an equal distribution to each family member, despite one family member stepping up and providing additional support and assistance in the final years of a loved one’s life
- One of the beneficiaries committed some act that shorted the deceased family member in some way: failing to adequately manage funds or stealing from the estate before a loved one’s death, for example.
- Your loved one leaves funds to one member of the family unequally, in a way that does not seem fair.
- One member of the family fraudulently convinced the deceased to change his will prior to his death.
Most often, disputes occur due to perceived inequality in some form, especially if the deceased does not clearly lay out his will ahead of time. By understanding the perceived inequality in estate distribution and how it may impact your loved one’s estate.
Tip #2: Know your options.
If you have a relevant dispute concerning the distribution of a loved one’s estate, you may need to take one of several available options. Start by working with an experienced estate distribution attorney. An attorney can let you know what options you have for resolving your dispute, including:
- Going to court, if you have a reasonable and realistic legal claim to the estate.
- Settling out of court with the other party’s attorneys.
- Working with a mediator to reach a resolution.
An attorney can also provide you with a more reasonable picture of your likelihood of success in your dispute. For example, if you want to secure an unrealistic distribution when the deceased clearly laid out a will explaining what he wanted, you may have more trouble than if you look for a more equitable distribution of funds between beneficiaries when the deceased did not clearly lay out his desires and expectations.
Tip #3: Try to take emotion out of the equation.
Sometimes, it seems as though nothing brings out the worst in people quite like succession and estate distribution. You have already lost a loved one, which may leave you with significant emotional upset and a lot of factors to deal with. Factor in money and their possessions on top of that, and you may have a recipe for overflowing emotion.
Sister #1 received a large loan from Dad a few years ago and never repaid it, but receives the same distribution from the estate as other siblings, who did not take out similar loans.
Brother #1 took Mom into his home and provided her care, often out of his own pocket, for the final years of her life. Other siblings contributed little or nothing to her care. When he reads the will, it shows that each sibling receives the same inheritance.
A stepchild is named in the will just like the biological children, and the biological children want to dispute that right–or, conversely, the stepchild is not named, and wants to dispute the terms of the will.
Each party may feel that they have a valid claim, but everyone cannot have what they want. When looking for a resolution, try to take emotion out of the equation. Be as logical as possible when disputing the distribution of assets and trying to reach an equitable arrangement. Sometimes, you will find that you can reach a reasonable agreement, but you have to manage your decision mindfully, and not respond out of anger. Working with an experienced estate attorney can make that process easier. An attorney has no emotional investment in the distribution of the will, so he can lay out your options more clearly and give you a better idea of what you should expect in the state distribution process.
Tip #4: Contact an attorney as soon as possible.
If you know or suspect that there will be a dispute regarding succession or estate distribution, get in touch with an attorney as soon as possible. An attorney can give you a better idea of your legal rights, help lay out your options, and support you throughout the process. Often, attorneys can help act as mediators, removing the emotion from the process and providing you with a better assessment of reasonable options for settling your dispute.
Tip #5: Try not to let estate disputes happen in the first place.
One of the first lines of defense when it comes to estate disputes is setting out a solid will in the first place, ideally as early as possible. If you know that you have an elderly loved one who needs to put a will together, advise your loved one to take care of those challenges as soon as possible. If you have specific desires for the distribution of your estate–or even if you don’t–consider setting up your will as soon as possible. Work with an attorney to ensure that you have all the details handled legally and appropriately.
Do you need an experienced estate distribution attorney? Contact Stephenson, Chavarri & Dawson, L.L.C. today at 504-523-6496 to learn more about your rights.
