Estate disputes are arguments between parties over a deceased person’s assets. Contested wills are one of the most common types of disputes. If you find yourself in an estate dispute, it can be stressful and you might worry about having to deal with litigation.Even more stressful is that it’s not always easy to find a professional lawyer.
On ContractsCounsel, you can hire a vetted lawyer with several years of experience in dealing with estate disputes. The platform makes the process of finding a qualified lawyer to help you navigate the disagreement quick and stress-free. In this article, we explore estate disputes in greater detail: common types of estate disputes, how to prevent them, how to deal with them, and how a lawyer can help you through them.
What are Common Estate Disputes?
The most common types of disagreements include:
- Executor disputes. This is when people argue over choosing the right executor.
- Breach of fiduciary duty. If the executor or trustee isn’t fulfilling their duties, this could cause disputes and litigation.
- Will validity. People can have different ideas of whether or not the will is fair or just.
- Will contests. One party might wish to argue the will, perhaps stating that fraud or undue influence were involved in the signing of the document.
- Document issues. If the will contains vague or confusing language, this could cause parties to argue or misinterpret what it states.
How Can You Prevent Estate Disputes?
A few simple tips can help you avoid getting caught up in estate disputes.
Conduct Proper Estate Planning
One of the best ways to avoid estate disputes is to plan ahead of time. You should work with an attorney to draft legal and specific documents, such as wills.
On ContractsCounsel, you can connect with a vetted lawyer to draft and review estate documents, providing you with peace of mind that everything is done correctly. You’ll have solid contracts that can’t be disputed and are compliant with all the applicable laws.
Have Open Communication with Family Members
It’s essential to communicate about estate planning so that everyone feels included. Sometimes, estate disputes can arise because one party feels left out or like one person has taken control for their own benefit.
Appoint Objective Executors
You can avoid heated situations and emotionally-charged feelings by opting for a neutral, third party to be the executor. They will be objective because they don’t have any interest in the estate, therefore reducing the risk of disputes.
How Should You Deal With an Estate Dispute?
If you’re dealing with an estate dispute, it’s important to address it quickly so that it doesn't get worse or lead to a legal battle. Your lawyer can help you with several legal solutions.
Mediation
During mediation, an objective third party facilitates the negotiation between you and the other party. This enables you to reach a settlement and brainstorm creative solutions to the issue.
It’s usually recommended to try mediation before litigation as it aims to preserve family relationships. It also places the final decision in your, and the other party’s, hands, so that you’re in control of the situation.
Arbitration
Although it’s sometimes thought that arbitration is similar to mediation, it has an important difference. An arbitrator listens to both parties’ concerns and then delivers a final, binding decision on how the dispute should be settled. This can be helpful if you and the other party can’t seem to communicate or you keep fighting about the same issues.
Litigation
If you’re dealing with a complicated or intense dispute, you might have to consider litigation. Your lawyer will present you in court and a judge will decide on how best to settle the dispute. Litigation is usually time-consuming and expensive, which is why it’s not the first legal solution for an estate dispute.
Will Contests
If one or more parties don’t agree with what’s included in the will or consider it invalid, they may wish to contest the will. When successful, the will would have to be changed. To challenge a will, you’ll need to gather evidence before filing an application in court.
How Can a Lawyer Help You During an Estate Dispute?
It’s always a good idea to consult with an estate lawyer to help you deal with the dispute in a professional, legal way. Benefits of hiring an estate lawyer include:
- The drafting of important documents like wills. This will ensure that the will is valid, legally sound, and clear for all parties to understand to prevent disputes in the future.
- Guiding executors. With their extensive legal knowledge, they’ll be able to advise your executors on their duties and rights.
- Negotiating on your behalf. Lawyers will negotiate in a professional, calm way, without letting emotions get in the way. This leads to a more favorable outcome that is fair for all parties.
- Supporting you during litigation. Lawyers will help you to deal with litigation, should mediation and arbitration not be successful. They’ll represent you during court.
- Reducing your legal risks. Should your dispute escalate, you could face financial or legal hassles. Hiring a lawyer will check that everything is legally compliant and assist you in navigating any challenges that arise.
When Should You Hire a Lawyer for an Estate Dispute?
You might not know when the best time is to hire a lawyer during your dispute. It can benefit you at any time. However, there are times when it’s especially important to get legal guidance. These include if:
- You have good reason to think the will or trust isn’t valid. Perhaps it’s been manipulated by someone or you can see evidence of fraudulent behaviors.
- Disagreements with the other party have escalated or become destructive.
- You’ve tried to communicate with the other party to reach a solution, but you can’t seem to agree.
- You feel unheard or left out of family conversations. A lawyer will help you explore your rights and choices.
- You’re unsure of your options. You might not know if meditation, arbitration, or litigation is best for your situation.
- You need a will drafted. If you or someone in your family needs to have a will drafted, you should consult with a lawyer for a legally sound contract.
Do you need an estate lawyer?
If you’re dealing with a stressful estate dispute, you should consult with a lawyer. ContractsCounsel’s vetted lawyers have years of experience in dealing with estate disputes so they’ll guide you with their expertise.
