Legal disputes over an estate aren’t like typical lawsuits. While the core of the case usually has to do with money (who gets it, who doesn’t, how it’s being managed), there are often also emotional and relational components that complicate the case.

A lawsuit can resolve the identified problem: whether a distribution is fair or a personal representative is fulfilling their duties, for example. But it often makes the underlying conflict between the parties worse, perhaps causing permanent rifts between family members.

That’s the opposite outcome of what the deceased probably intended when they created their estate plan. Let’s take a look at how these disputes often arise, how they can be handled to minimize damage, and how they can be prevented.

Common Triggers for Will and Trust Disputes

Much of the time, will and trust disputes fall into one or both of the following categories: the outcome is unexpected, or the outcome feels unfair. The following scenarios are common:

Unequal Distributions Among Siblings

Sibling rivalry occurs to a greater or lesser degree in most families. When a parent leaves more money to one child than another, it can feel like a final referendum on who mom (or dad) loved best. That’s painful. Without an explanation for the disparity or the opportunity to get clarity from the deceased parent, a hurt child may seek satisfaction against a sibling in court.

Sibling Rivalry or Mistrust

If one adult child of the deceased has been named personal representative of the estate, and there is a history of conflict with one or more other siblings, it’s possible that the other siblings may be primed to suspect misconduct on the personal representative’s part. If not dealt with promptly, suspicions (well-founded or otherwise) can ripen into accusations and probate litigation.

Surprising Changes to an Estate Plan

An unexpected alteration to an estate plan, especially when it happens late in life, is often suspect. A change to an estate plan that benefits a caregiver (family member or not) could just be an expression of an older person’s deep gratitude. On the other hand, it could be the result of undue influence. Unexpected changes could also signal that the person making the estate plan lacked legal capacity to make a will and didn’t understand the changes they were making.

Disinheritance of a Family Member

The deceased may have had a good reason for removing a family member as a beneficiary of a will or trust, but that doesn’t mean the relative who lost their inheritance is going to accept their fate without a fight. Sometimes a will or trust will contain a no-contest clause that says that someone who challenges the estate plan forfeits their bequest. Of course, for a no-contest clause to be effective, an heir must have been left something they don’t want to risk losing through a will or trust contest.

Blended Marriage Conflicts

It’s not uncommon for the interests of a surviving spouse to conflict with those of the children of the deceased’s prior relationship. The children may feel that their surviving stepparent received an unfair windfall, or vice-versa. Conflict is likely to be escalated if there were already strained relations between the parties while the deceased spouse was alive. This is one of the reasons that estate planning for blended families is critical.

Whatever the nature of a dispute over an estate, it’s best to approach resolution in a way that makes all parties feel that they are being treated fairly and that their concerns matter. Escalating conflict unnecessarily may do irreparable damage to family relationships. Acknowledging the dispute and seeking resolution before litigation becomes necessary can help to keep disputes from getting out of hand. Even after a case has been filed, however, alternative dispute resolution (ADR) can be used to try to reach a more peaceful resolution.

Probate Mediation as an Alternative to Litigation

Probate mediation is one of the most common forms of ADR used to prevent family feuds over an estate from boiling over. Unlike a trial, in which a judge decides who “wins,” probate mediation enables parties to reach their own resolution to a dispute with the facilitation of a trained, neutral third party. The process is less adversarial and can help the parties communicate better. Mediation often helps to establish a foundation for more positive family interactions going forward.

Family members with a dispute about a deceased loved one’s estate can decide to work with a probate mediator on their own before filing a lawsuit in court. Often, however, courts in Michigan and Florida will encourage parties to a lawsuit that has already been filed over an estate to enter mediation early in the case. If the parties are able to successfully resolve the dispute through probate mediation, they can avoid a trial (and the significant legal fees that go with it).

Preventing Family Conflicts Over Your Estate

If you’ve ever experienced a family dispute over an estate, you know that you want to protect your loved ones from going through the same thing. The good news is that by planning ahead, you can greatly reduce the risk of conflict between your loved ones, and increase everyone’s peace of mind (including your own).

The first step is to make an estate plan, including a prenuptial agreement if either you or your spouse has been married before or have children from a previous relationship. Work with an experienced estate planning attorney who understands your goals and can ensure that your plan is clear, unambiguous, and fair to the people you care about.

The second step is to communicate effectively with your loved ones about your estate plan, especially if there are aspects of the plan that might be hurtful or confusing to family members without explanation. For instance, if you decide to leave an unequal amount to your children because they have differing needs, sharing that information in advance can avoid a painful surprise later when the distribution is not what they expected.

Work with an Experienced Probate Litigation and Estate Planning Attorney

If you find yourself in the midst of a family dispute over an estate, or you anticipate one that could arise, getting an attorney’s advice as soon as possible can prevent the problem from escalating and protect your interests. And of course, the best way to avoid family fighting down the road is with good estate planning.

The skilled probate litigation and estate planning attorneys at Barron, Rosenberg, Mayoras & Mayoras help families navigate the interpersonal complexities of estate disputes, helping to preserve both assets and family relationships. Schedule a consultation today by calling (248) 641-7070 in Michigan or (941) 222-2199 in Florida to learn how we can assist you. You can also use our simple online contact form.