How to Handle Disputes During Probate: Practical Tips for Families

Losing a loved one is never easy, and dealing with probate matters can add stress to an already difficult time. When families face disputes during the probate process, it’s essential to approach the situation with respect and understanding.

Understanding common probate disputes

Probate disputes can arise for various reasons. Sometimes, family members may contest the validity of a will, claiming it was made under undue influence or that there are multiple versions.

Sometimes, disagreements over the executor’s actions might arise. Additionally, errors or omissions in the will, such as leaving out a potential heir, can lead to conflicts. If not resolved quickly, these disputes can drain the estate’s resources and create lasting family rifts.

Strategies for resolving disputes

It is important to try and resolve these issues peacefully to avoid long, expensive court battles. Here are some strategies:

• Talk it out: The first step is always to communicate. Sit down with your family and try to understand everyone’s point of view. Sometimes, just listening can help ease tensions.
• Seek mediation: A neutral mediator can help families discuss their issues and find common ground. They don’t take sides but guide the conversation to a solution.
• Try to reach a compromise: Be willing to give and take. No one gets everything they want all the time. Finding a compromise everyone can live with is often the best way to move forward.
• Liquidate assets: If siblings or heirs claim the same assets and cannot agree, one option is to sell them and split the proceeds evenly among them.
• Appoint an independent fiduciary: Sometimes, it might be best to appoint an independent fiduciary, such as a neutral third party, to manage the estate. This person could be a trusted family friend, an attorney or a financial institution.

By stepping back, family members can avoid potential conflicts of interest and ensure that the estate is handled impartially. However, if disputes become too heated or involve complex legal issues, consulting with a probate attorney is wise.

Dealing with disputes during probate is never easy. Still, by communicating openly, seeking mediation or legal advice when needed, you can work towards a resolution that honors your loved one’s wishes and preserves family relationships.