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No one wants to go to court over a loved one’s assets. Disputes between beneficiaries often cut to the heart of family discord and pit loved ones against one another. But that doesn’t mean you have to give up on receiving a fair inheritance or share of trust assets. There are many options to resolve disputes between beneficiaries both in and out of Court.
Inheritance and beneficiary disputes can arise from everything from long-held emotional patterns to the interpretation of your loved one’s stated wishes. Often, these disputes can involve multiple dimensions. It is important to recognize both the legal and interpersonal aspects of the dispute to choose the best option for resolving it.
The time after a loved one dies can be stressful, especially if the person provided for others in your family. Family dynamics among relatives, such as sibling rivalries or any feelings of favoritism between half- or step-siblings, can make their way to the surface. Family feuds and hurt feelings can create disputes between beneficiaries and those responsible for the administration of the deceased’s trust or estate.
Many Will disputes and trust lawsuits are caused by unclear language in the documents themselves. When done correctly, estate planning clearly documents the grantor or testator’s intention for the distribution of their assets and other final affairs. But sometimes, whether due to inexact drafting or changes in your loved one’s life after the estate plan is executed, you and your fellow beneficiaries may disagree over what your loved one meant, or how their stated intent should apply to the assets within the estate at the time of their death.
If you feel that you have been improperly excluded from your loved ones’ estate plan, or are receiving an unfair portion, it can create tension between you and the other beneficiaries. This is especially common when you learn about a new or modified estate plan entered late in your loved one’s life, or while under the care of someone else. These circumstances can raise concerns about undue influence – a common type of Will challenge.
Finally, inheritance disputes can relate to who is distributing the estate. You may not trust the person named as a personal representative in your loved one’s Will or the trustee responsible for handling the grantors’ affairs. This distrust may be earned when a trustee is behaving badly or not living up to their fiduciary duties. Other times, it may be based more on your family history than the actions taken during the estate administration.
If your priority is minimizing disputes between beneficiaries, there is a lot that can be done to prevent grieving family members from ending up in court. If you are the one writing the estate plan, this involves:
Even if your loved one has done their best to clearly communicate their wishes, you might still be faced with a dispute between you and your fellow beneficiaries. That doesn’t mean you are headed to trial. It may be necessary for you to file a Will challenge in order to preserve your claim. But you and your probate litigation attorney can also attempt to communicate with the other beneficiaries to resolve the dispute and find a distribution that makes everyone happy without any court hearings at all. Because inheritance disputes often happen between family members, everyone involved is often motivated to find a solution without burning bridges.
If you and your family members struggle to reach a resolution on your own or with your attorneys’ help, facilitated mediation may be a good option. A mediator is a neutral third party – often an attorney themselves – who can listen to the issues presented by each side and help the parties come up with solutions. Mediation doesn’t come with any obligation to settle. You can always walk away if you are unable to come to a resolution. However, it is a highly effective option to resolve disputes between beneficiaries.
When all other efforts to resolve disputes between beneficiaries fail, beneficiaries and other interested parties can always ask the Florida Probate Court to resolve their inheritance disputes. Traditional probate litigation gives you the benefit of a predictable process, truly neutral decision-makers, and decades of established precedent that guide the outcomes of estate administration lawsuits. However, litigation is an adversarial process. Using this option can do the most damage to family relationships as loved ones find themselves opposing one another in court. Before hurrying to file a lawsuit, it is wise to discuss your options to resolve beneficiary disputes with an estate attorney to choose the right process to protect both your interests, and your relationships.
At Harrison Estate Law, P.A., our experienced estate and probate team can help you consider the legal, practical, and personal aspects of deciding how to resolve your beneficiary disputes. We can negotiate with the personal representative, help you mediate or arbitrate with your fellow beneficiaries, and represent your interests in court. We want to make sure you and your family members are provided for after a loved one’s death. Contact us here or call 352-306-2374 to get help today.
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