How to Resolve Disputes Over Inherited Real Estate

The loss of a loved one is always devastating, but the situation can get much worse if you also have to worry about disputes over inherited real estate. These can be highly complex issues that lead to serious consequences, including the breakdown of relationships between family members. It can be vital to know how to resolve disputes over inherited real estate if you are going through this situation.

At Southern Estate Lawyers, our team of attorneys understands how contentious real estate disputes can be — especially when dealing with inheritances. It’s always a good idea to have a lawyer assisting you as you go through these problems so that you can protect your rights.

Contact Southern Estate Lawyers by calling (251) 444-7000.

Common Causes of Disputes Over Inherited Real Estate

Estate Planning Errors That Result in Conflicts

Inheritance disputes can occur for many reasons, especially when there’s real estate involved. Estate planning errors are a common problem that can lead to misunderstandings and issues that take months and significant amounts of money to resolve. Perhaps the most common issue is the lack of a valid will. If a loved one died without a will, they are considered to have died intestate. When that occurs, the laws of intestacy will dictate how the property is divided, which might not be what the decedent wanted or what they promised loved ones.

Another common problem is people questioning the validity of the will. If there are doubts about whether the decedent was of sound mind when they created and signed the will, that could lead to all manner of conflicts.

Often, when people are left out of the will or don’t receive what they expected, they may challenge it. This can mean going to court, which makes everything take much longer and will cost a significant amount of money.

Our team of estate dispute attorneys never shy away from litigation if that’s in your best interests. 

How to Resolve Disputes Over Inherited Real Estate in Alabama

If disputes do arise over inherited real estate, there are some options you can pursue.

Open Communication and Mediation

The first step in resolving a dispute over inherited real estate is to get everyone to communicate openly about what the problems are. Beneficiaries and other family members should have the chance to ask questions and address concerns they may have, and one of the best ways of doing this is via mediation. Mediation is a conflict resolution strategy that can facilitate constructive dialogue and reduce the chances of interpersonal relationships degrading even more. It’s a tool that works well when it comes to helping people find common ground. Hiring mediators to help through this process can make it more successful for everyone involved.

Other conflict resolution strategies, like arbitration, can also be useful in these disputes.

Understand Estate Plans and Legal Obligations

Beneficiaries and executors of the will have to be clear on what the deceased’s estate plan includes and what will be expected of them. Having the provisions and intentions outlined in documents like the will can help this step substantially. Often, wills can be vague in their wording and could make understanding what the decedent wanted very difficult, especially for those who don’t have experience with estate planning. By involving lawyers who can parse the language, a number of conflicts can be resolved without needing further action.

Additionally, lawyers can more clearly offer an idea of what would be in the estate’s best interests. There may be numerous interpretations of the decedent’s wishes, but by considering what would be beneficial to the estate, beneficiaries can make the most appropriate decisions.

Seek Legal Advice

If mediation hasn’t resolved the issue, the next step to consider is speaking with estate litigation lawyers. An attorney can help you understand your rights and what other legal actions may be available. Your lawyer will guide you through what you can expect if you begin a case to contest a will or address other concerns you have about how real estate has been divided.

With a lawyer, you’ll also get a clear idea of what resolutions could be options. For example, a buy-out could resolve issues that you may have with someone who shares ownership of an inherited property. Settlements are also an option. These occur via direct negotiations or with the help of a mediator and could mean getting financial compensation or achieving a compromise on the division of assets.

Take the Case to Court

Sometimes, despite all your efforts, the only option for resolving a dispute over inherited real estate is to go to court. This option should be the last resort because it can take time and lead to significant costs. It can be a contentious process, too.

Because of the complexities involved in estate litigation, the next step to take is to hire a lawyer to represent you. Not only can they help you achieve the best possible resolution, but they can also prevent the problem from escalating by acting as go-betweens during communications.

Contact Southern Estate Lawyers

Receive the Support You Need During Inherited Real Estate Disputes

Having to deal with disputes over inherited real estate while grieving the loss of a loved one can be very stressful and frustrating. If there are questions about a loved one’s will or their wishes, if they didn’t leave them in writing, one of the most important things you can do is to hire a lawyer.

At Southern Estate Lawyers, our team of Alabama estate litigation attorneys have decades of experience helping people who find themselves in the middle of an inheritance dispute. We offer assistance in understanding what your rights are and whether there are legal options you can pursue. Because we have significant experience with litigation, we are always ready to take your case to court if that would offer the best resolution.

Call Southern Estate Lawyers at (251) 444-7000 to speak with one of our Alabama estate litigation lawyers.