Resolving A Dispute Involving An Estate Plan

Posted on: 22 May 2020

Leaving an estate plan behind can be a way for a person to reduce the risks of major conflicts arising over their assets. Unfortunately, it can still be possible for disputes and other conflicts to arise, and if you find yourself in this situation, it can be important to be informed about your options for addressing this potentially serious and emotionally charged dispute.

Are Estate Disputes Always The Result Of Nefarious Actions?

Individuals will often assume that estate disputes are always the result of nefarious planning to exclude someone from their rightful share. However, it can also be very common for these disputes to be the result of mistakes in the estate plan that may not have been noticed until the estate plan was being executed. Additionally, there can be instances where the wishes of the deceased may not have been included. This can often involve situations where the deceased changed their mind or acquired a new asset but were unable to update the estate plan in time.

Is It Worth It To Attempt To Resolve The Dispute Informally?

Due to the emotional nature of these disputes, it can be worth attempting to resolve the matter informally as long as there is a high degree of trust and good working relationships. Unfortunately, it may not always be possible to resolve these matters informally. In this situation, you should seek professional representation as soon as possible. While the attorney will attempt to resolve the dispute through negotiations, they will be able to ensure that your rights are being protected throughout this process. Furthermore, they will be able to ensure that any agreements are legally binding so that you can be sure that you can enforce the agreement. These protections can be essential for allowing you to feel confident when agreeing to a resolution.

How Can You Avoid The Risks Of A Major Dispute Over The Estate Erupting?

The costs and conflict involved in resolving an estate dispute is an understandable goal for most people. However, they may not take effective steps for avoiding these unpleasant situations. In particular, it is important to discuss the wishes of your loved one before they pass away so that they can verbalize what they intended with their estate plan. Furthermore, thoroughly reviewing this document can ensure that you are fully informed as to its content. Executors of estate plans will be able to provide copies of this document to all of the parties involved so that they can review them.

For more information, reach out to an estate litigation lawyer

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