Unfortunately, inheritance disputes are some of the most common legal issues in this country. Here’s a look at five of the top problems our clients bring to us, with tips on how to avoid them when creating your will.

Deceased Was Intestate

One of the prime reasons families argue and fall out over an inheritance is the deceased dying intestate, or without a will. Intestacy statistics showed that nearly 50 percent of adults had no will in 2019. While one survey showed that the perceived need for a will grew by 35 percent in 2020, driven by the pandemic, two out of three people still have none. Interestingly, that same survey found that it was younger people who felt they should have after-life plans in place, versus older people who were statistically at a higher risk of death.

Why do people avoid writing estate planning documents? For some people, talking or even thinking about death is too uncomfortable. Others believe it will stir up many of the issues discussed here, not realizing it’s better to resolve these while they’re alive than to leave it to their descendants or the decision of a probate court. Some folks mistakenly think creating a will is too expensive or time-consuming, when it’s actually quite simple in most cases.

The main problem with dying intestate is that the deceased’s estate must then be handled in probate court using state laws known as intestate succession laws. There are multiple downsides to this process:

• It can be much more costly than writing a will.
• Inheritors may disagree with the court’s decision.
• The probate period can be dragged out, while meanwhile family members who need their inheritance to survive have no resources.

The best way to prevent this type of common dispute is to write a will. Anyone of any age can certainly have a will, but it’s particularly recommended for people over 50, those facing health difficulties, high-net-worth individuals, and people with children.

Questioning the Validity of the Documents

In some cases, the deceased had a will, but the validity of the documents is called into question. There are a number of scenarios where the legitimacy of a will is disputed:

• Someone, such as a beneficiary, exerted undue influence over the person creating the will (the testator).
• The testator’s mental capacity is questionable.
• The testator expressed verbal wishes prior to death that contradict the will.
• A will is prepared covertly or hastily.
• There is fraud involved in the estate or the writing of estate planning documents.
• The will was created using internet documents or online platforms that are not legally recognized.
• The final wishes in the will don’t comply with state laws.

Sometimes there are sound reasons to doubt the validity of a will. If, for example, a testator falsely declares their spouse mentally incompetent in order to bypass them and give everything to their children, the surviving spouse may wish to challenge this in court. Other times, people who aren’t happy with their inheritance desperately challenge a will’s validity even if it’s perfectly legal.

This is why it’s smart to consult with an experienced probate attorney when preparing a will. You can avoid many of these problems by making your will as airtight as possible.

Executor Bias or Co-Executors in Disagreement

An executor is someone you place in charge of executing your final wishes as laid out in your will. People can disagree about a will when they think the executor is not being fair. For instance, a grown child named in the will might think an uncle who is functioning as the executor is favoring their sibling because they have a closer relationship.

When you name an executor for the disposition of your estate, choose someone whom you know will be impartial, as well as reliable and honest. Some testators name co-executors or two people to manage their estate together. This can bring balance to the situation and help share responsibility. But you want to make sure the co-executors are likely to get along together and that they both understand your last wishes. If not, they may wind up seeking out a mediator or legal counsel, when you were trying to avoid conflict in the first place.

Items Stolen from the Estate

It’s not uncommon to see descendants of someone who has recently died take belongings, money, investments, or other assets before the will has been properly settled. Sometimes these are things that children or a spouse of the deceased genuinely believe will become theirs anyway. So, in their minds, they’re just hurrying up the process.

In other cases, the assets in question weren’t designated for them, or they want to beat out other family members competing for the same property. There are even instances where people knowingly steal items from an estate, believing they won’t get caught or won’t be challenged by intimidated family members.

Even if someone takes estate property with the most benevolent of intentions before everything is settled, it can still legally be considered theft. If you are setting up your will, it’s smart to make an inventory of assets and put a trusted person in charge of it. And if you are waiting to see about an inheritance, have patience lest you break the law inadvertently.

Shared Property Disputes

It often happens that someone who dies has left their property to multiple parties. For example, a parent may leave a vacation home to their children to be shared among them. Or they might bequeath the children a business or primary home to be sold, with the profits divided between them.

Frequently, though, the parties sharing the property left to them don’t get along. Perhaps the siblings don’t speak with each other or don’t see eye to eye about how much to ask for a business. When this happens, there are a couple of possible solutions. The people who inherited the shared assets may wind up in mediation or in court to settle the matter. A better option is for one party to buy the other one out or for an executor to handle all the decisions.

The best solution of all is to avoid inheritance disputes altogether by writing the most ironclad will possible that considers in advance potential conflicts and works to prevent them.

Whether you need assistance preparing your will or you have an inheritance dispute for which you need help, Law Office of Jack Weissman welcomes the opportunity to speak with you. Call us at [insert phone number] or reach out online to set up a consultation right away.