Common Causes of Inheritance Disputes
The time that follows after the loss of a loved one is usually one filled with a lot of sadness and mourning. Unfortunately, following the death of a loved one, disputes are not uncommon. Different kinds of disputes can arise after the loss of a loved one from a variety of factors. One of the most common types of disputes that can arise following the death of a loved one is inheritance disputes. Inheritance disputes can arise from various factors. These disputes can be emotionally charged and legally complex. In this article, we discuss some of the most common causes of inheritance disputes and some options for resolving these disputes.
Why Do Inheritance Disputes Occur?
Inheritance disputes can occur due to various reasons. The following are some of the common causes of inheritance disputes;
Being Left Out of the Will
One of the most common causes of inheritance disputes is being left out of a Will. There are several reasons why someone may be left out of a Will, including unresolved conflicts and strained relationships. A testator may also intentionally decide to leave someone out of their Will. Regardless of the reason, being left out of a Will can trigger feelings of confusion, hurt, and resentment, resulting in disputes. Individuals who feel unfairly excluded from the Will may contest its validity. For instance, they may allege undue influence or lack of testamentary capacity. When a Will contest arises, it can significantly prolong the probate process.
Intestate Death
Intestate death arises when someone dies without a Will. In other words, when an individual dies intestate, they leave no instructions about how their estate should be divided among heirs. If a person dies intestate, the intestate succession laws determine how their estate assets will be distributed among heirs. These laws vary depending on the state, but generally, close family members such as spouses, children, parents, and siblings are given priority as heirs. Disputes can arise over the validity of intestate succession laws or if there is ambiguity regarding who qualifies as an heir.
Long-Standing Family Resentments or Rivalries
If family members have resented each other for a long time or have been rivals, disputes can arise. Family members who believe they were treated unequally by the decedent may accuse the decedent of favoritism or unfairness.
Unclear Will Provisions
Sometimes, a Will may contain unclear instructions on asset distribution. Without clear guidance, surviving family members may interpret the Will differently, resulting in disputes.
Resolving Inheritance Disputes
When an inheritance dispute arises, there are steps that can be taken to help resolve the issue. The following are some of the steps that can help resolve inheritance disputes;
- Mediation: Mediation entails working with a neutral third party, called a mediator, to resolve the issue.
- Negotiation: Parties can engage in direct negotiations with the help of legal counsel.
- Litigation: Litigation may be necessary to resolve inheritance disputes if other alternatives fail. Litigation entails presenting the case to a court.
Contact Us for Legal Help
If you need help with the probate process or resolving an inheritance dispute, contact the dedicated California probate attorney Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
