A Commitment

to Each Client.

Ways to prevent probate disputes among family members

Navigating the aftermath of a loved one’s passing can be emotionally draining. When probate becomes a battleground for family members, it can add another layer of heartache to an already difficult time. Probate disputes can stir up tensions, create new rifts and ultimately drive a wedge between family members.

However, it doesn’t have to be this way. With thoughtful planning and communication, it’s possible to significantly reduce the likelihood of probate disputes and preserve harmony within the family. Proactive efforts can help to protect the peace among the living and also respect the final wishes of the departed.

Establishing a clear, detailed estate plan

Creating a comprehensive and explicit estate plan is the cornerstone of preventing probate disputes. This plan should involve a valid will or trust, clearly specifying someone’s beneficiaries and preferences for the division of the will/trust creator’s assets. The more precise these documents are, the less room they leave for misinterpretation and potential conflict.

Communicating openly about the estate plan

While estate planning is crucial, it’s equally important to communicate about this process openly with all relevant parties. This involves explaining the contents of the estate plan and the rationale behind an individual’s decisions. Communication also enables everyone involved to ask questions about what will happen. In some cases, that’s enough to quell the potential problems before they start. Although these discussions may be uncomfortable, they’re instrumental in curbing surprises and potential feelings of unfair treatment after the will-maker’s death. Transparency can help mitigate misunderstandings and foster acceptance of the estate plan’s provisions.

Ultimately, thoughtful planning can help to minimize the likelihood that a probate dispute will affect familial unity in the wake of an individual’s death. Estate planning can be a stressful process but it can prevent greater stress down the road.

FindLaw Network
LCA Litigation Counsel of America Fellow
ACTEC The American College of Trust and Estate Counsel
My Estate and Legacy Planner