HOW DO YOU AVOID DISPUTES AMONG HEIRS OVER YOUR WILL?
October 16, 2020
Sometimes, people have complaints about elements of an estate plan or a will. The best way for you to avoid this is typically to consider the human element while planning for the future.
However, even the best plans sometimes fail to address every possible outcome. Even with maintenance, insight and precise administration, conflicts sometimes still arise during the probate process.
THE ROLE OF PROBATE ADMINISTRATORS
If there does happen to be a dispute regarding your estate, one of the most likely forums for it would be probate court. Probate administration, as explained on FindLaw, is the process of resolving your affairs with regards to applicable laws and the terms of your estate planning documents.
In all likelihood, the attorney or attorneys you choose to represent your estate would carry out their duties with little or no resistance from the beneficiaries or would-be beneficiaries. If there is minor resistance, the estate planning firm may be able to resolve the issue independently. For more significant disputes, further action might become necessary.
THE OPTION FOR MEDIATION
One option that could help in a complex dispute is mediation. Mediators act as neutral third parties to resolve disputes between your representatives and those taking action against your estate.
If you have a specific mediator in mind, you may be able to include this in your final wishes. If not, your representatives and beneficiaries would probably supply your side’s preferences.
It takes very little work to name a preferred firm or attorney to act as a mediator. Additionally, doing so does not necessarily mean that conflict will arise. It simply means that, should a dispute occur, you would have made preparations to facilitate a smooth, efficient resolution.