When people die, the property that they own becomes their estate. Many people plan in advance to ensure that their assets transfer to specific beneficiaries after their passing. Others rely on intestate succession laws that prioritize the protection of spouses, children and other immediate family members.
If someone dies without a will, the law determines who inherits from their estate. Otherwise, estate planning documents such as wills and trusts govern the descent of property during succession proceedings. Frequently, beneficiaries and heirs are grateful for whatever they inherit. Occasionally, they may take issue with the estate plan or succession proceedings. When that happens, the controversy that follows could lead to costly litigation and lasting damage to family relationships.
How can personal representatives overseeing the succession process resolve disputes about what people inherit?
Providing full transparency
People sometimes develop unreasonable expectations. They assume that their close relationship with an individual entitles them to more of their property. Other times, they significantly overestimate the value of an individual’s assets. In either of those circumstances, providing accurate information to heirs and beneficiaries can help resolve succession disputes. People who review estate planning paperwork, inventories of assets or even the law may recognize that their expectations were inappropriate.
Validating the testator’s decisions
In some cases, succession disputes may arise because people question an individual’s capacity. Other times, they may claim that an outside party must have influenced the testator unfairly. Some people even contest estate plans on the basis of the documents being too old.
The personal representative overseeing succession proceedings may have had a close relationship with the testator. They may have access to secondary documentation that helps validate their mental state or the decisions that they made regarding the distribution of their property. They could also ask witnesses to verify the testator’s state when signing the will.
In some cases, arranging for a sit-down meeting with the party disputing succession matters can result in them accepting the wishes of the decedent and terminating any pending legal action. Unfortunately, personal representatives cannot always resolve succession disputes on their own. They may need to take the matter to court. A judge can potentially resolve disagreements regarding the legality of documents or the impact that outside parties may have had on an estate plan.
Seeking to resolve succession disputes amicably while simultaneously preparing for litigation can help personal representatives. Appropriate engagement during a dispute helps to ensure that they fulfill all of their obligations, including their duty to act in the best interests of the beneficiaries of the estate.