Estate Disputes

Estate planning helps eliminate some of the stress and worries that can arise after the death of a loved one. However, estates and trusts typically involve many different parties who can have conflicting opinions and interests. Although families try to avoid them at all costs, estate disputes happen often.

Estate disputes often involve contesting the contents of the will, such as disputes over inheritance and property. These disputes usually involve family members, but an estate can also receive claims against it if someone dies with significant debts.

Will Disputes (Will Contests): If the last will and testament is believed to be invalid, it may be able to be disputed in court. This can happen if the will is vague or the interpretation seems unclear. Often times these disputes come about during the probate process.

Breach of Fiduciary Duty: Executors, trustees and administrators, known as fiduciaries, have power of the estates they manage. They are expected to put the interests of beneficiaries before their own interests. A beneficiary may file a breach of fiduciary claim if they believe the executor has siphoned assets or committed negligence when fulfilling their duties.

Kinship Disputes: Kinship disputes usually happen when there is a close family member related to the deceased who was left out of the will or feels entitled to certain assets, including money or real estate

Debt Claims Against The Estate: If you or your loved one dies with significant debts; creditors may make legal claims against the estate before assets are distributed.

There are various options for resolving estate disputes. Below are the most common procedures:

Litigation: Litigation is the traditional way to resolve disputes over an estate or trust. Usually both parties hire attorneys, and the process can include multiple court filings and proceedings. It can be an expensive and inefficient process. Litigation is an intense process that can damage the relationships between opposing parties. Although litigation can sometimes be the only option to resolve a dispute, many alternative options are also available.

Arbitration: Arbitration replaces the court system but acts in a similar manner. A third part, referred to as an “arbitrator,” serves a a private judge and can be chosen by the disputing parties. Each side makes their case using evidence and testimonies and the arbitrator makes a decision, which cannot be appealed. Arbitration often costs less and goes quicker than litigation, but it can still be damaging to relationships.

Mediation: Mediation is a process that uses a neutral third party called a “mediator,” to meet with both parties (and/or their attorneys) to try and forge and agreement that settles the dispute. Mediators typically try and help the opposing parties come to some type of common ground. Mediation is often used after litigation has begun, but before the case has gone to trial. If mediation does not resolve the dispute, the case will continue down the litigation path.

At the law firm of Davison, Eastman, Muñoz, Paone, P.A., our experienced estate planning and litigation attorneys can assist you if you are involved in an estate dispute.

We have over 30 years of experience in estate planning, elder law, wills and estate disputes.  Call us today to discuss viable options for your case.