Common Causes of Estate Disputes and How to Avoid Them

No one wants to think forward to the day they leave this world. But confronting that uncomfortable reality is necessary if you want to ensure your loved ones can live comfortably after you’re gone. Creating an estate plan is an important part of your legacy, but, unfortunately, not everyone realizes that unclear or problematic estate plans can actually cause more issues than not having an estate plan at all. When you understand the specific issues that often lead to estate disputes, you can spare your family the stress of one when they’re already grieving. Here are some common causes of estate disputes and how to avoid them.

Even the most tight-knit families can become embroiled in messy estate disputes. While you may not be able to guarantee your family won’t dispute your estate after you’re gone, understanding common pitfalls and how to avoid them can make a difference.

Contested Wills

Some estate disputes happen when someone believes a will is not valid. Wills are commonly contested when an heir alleges one of the following is true:

• The decedent did not have the mental capacity to make the will.
• Someone coerced them into adding provisions they would not have added on their own.
• The will itself is fraudulent.

The process of contesting a will is time-consuming, emotionally taxing, and expensive. It can also create permanent rifts in families. While there is always a chance someone will contest your will for a spurious reason, you can reduce the risk of this happening by regularly updating your estate plan and including evidence that you are of sound mind each time you do so.

Disputes Over an Inheritance

Confusion Can Lead to Bitter Rivalry

In a perfect world, every will would be so clear that it leaves no room for error. Unfortunately, a will that seems clear to you may cause confusion when it comes time to divide your assets. Sometimes, that confusion is real. Other times, the disputes are driven by sibling rivalry; and often, inheritance disputes are a mix of both.

One example is if your will does not mention every valuable item you own. If you do not list a major asset (like a valuable car) in your will, more than one of your heirs may believe they are entitled to it. Because the will does not specify who gets the asset, your heirs may go to court to resolve the matter. This situation can cause ongoing conflict in your family — and that’s not the kind of legacy you want to leave.

There are a couple of ways to reduce the risk of an inheritance dispute. One is to regularly update your will and make sure it is as specific as possible. Make sure you list all your major assets as well as who you wish them to go to. Another strategy is to talk frankly with your heirs about your will. When your loved ones understand your intentions, they may be less likely to dispute your will later on. This process also gives them the option to ask questions about specific assets.

You want your loved ones to remember you for who you are — not for your bitterly contested estate. An experienced attorney can help you create a clear estate plan. Call Southern Estate Lawyers at (205) 990-7000 to get started today.

Beneficiary Disputes

If you’re like many people, you have a life insurance policy to offer your family members financial support after your death. This might seem like a straightforward way to ensure your loved ones’ financial stability, and it usually is. However, some people do not routinely review their beneficiary designations or update their policies when necessary. This can lead to situations that end up being legally disputed. For example, if you list your spouse as a beneficiary, remarry, and then don’t update the policy, your current spouse would likely have to seek legal help to ensure they receive the financial support you would have wanted them to have.

Another kind of beneficiary dispute can arise if you make a sudden beneficiary change near the date of your death. For example, if you start a relationship as an older adult, change the beneficiary on your life insurance policy from your adult children to your new significant other, and die soon after, your adult children might question whether you were coerced into changing the beneficiary designation. To avoid this kind of dispute, it’s wise to talk about life insurance and inheritance with your family members. These conversations can be uncomfortable, but they can help your loved ones avoid conflict after your death.

Not Having a Will

Some people — especially those who die young or unexpectedly — do not leave a will. This can cause disputes for obvious reasons. Alabama has a clear process for dividing a deceased person’s estate if they die without a will. However, that process divides up only the monetary value of the estate. If you have real estate, individual valuable items, or items of sentimental value, your surviving loved ones may not agree on who should receive them. The easiest way to avoid this issue is to make sure you have an estate plan — it’s never too early!

Stop Estate Disputes Before They Start

The Right Estate Planning Attorney Makes All the Difference

At Southern Estate Lawyers, we understand the gravity of creating an estate plan. This kind of planning isn’t about money or who gets what — it’s about taking what you’ve built during this lifetime and passing it on to the next generation. When you choose us to help you craft your estate plan, you’ll gain the peace of mind of knowing your loved ones will inherit what you’ve left them — and not the hassle of an estate dispute.

Do you need to create or update your estate plan? Call Southern Estate Lawyers at (205) 990-7000.