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Resolving Disputes Between Beneficiaries

Executor

Picking up the pieces after the death of a loved one can be grueling. The last thing anyone wants to add is an explosive, bitter feud rising between beneficiaries. Unfortunately, disputes between beneficiaries are common. Whether one person feels they did not receive their fair share, or there is a particular asset or sentimental item that went to one beneficiary and not the other: disputes are real and can have real impact on existing familial relationships.

Even if a dispute does arise – it does not mean you have to choose between maintaining a relationship and receiving a fair inheritance, or fair share of trust assets. There are many diverse strategies one can employ to navigate disputes between beneficiaries – both in and out of court.

Common Issues Between Beneficiaries

While there is no limit to the number of ways one beneficiary may have an issue with the inheritance of another – there are common patterns. Perhaps one beneficiary believes that they were meant to inherit an asset, or a specific sentimental item. Or, maybe there are different interpretations of what was stated as your loved one’s final wishes. Potentially, one family member stated that they were fine with the planned distribution of assets, only to change their minds after a loved one has passed away.

Preventing Disputes Between Beneficiaries

Families can take proactive action to minimize potential disputes between beneficiaries. In losing a loved one, it can feel like control is wrested away. But there is a lot that can be done to minimize potential disputes, even before the loss of a loved one. Some general steps you can take include:

  • Working with a competent will & probate attorney
  • Using trusts in a way that minimizes probate complications
  • Creating a comprehensive estate plan and keeping that estate plan up to date
  • Be mindful of what issues may crop up and proactively diffuse them. Some ways to do that might include ensuring that assets are divided equitably to avoid someone feeling slighted. Or paying special attention to what sentimental items might be highly prized and thinking carefully who to give them to.
  • Clearly communicate your intentions to your intended beneficiaries before your death. Even in instances where beneficiaries are well aware of what inheritance is intended for them, and what is intended for someone else – fights can arise. The best way to mitigate or prevent beneficiaries bickering is to do what you can to clearly communicate how you want to distribute your assets and work through any disagreements prior to official inheritance or probate issues.

Resolving Disputes

While heading to court to litigate disputes is certainly an option – it is not your only option. Experienced attorneys can help both sides of a dispute come to agreeable resolutions. If more help is needed, facilitated mediation can be a great option that brings in a neutral third party to help both sides come up with meaningful solutions.

When no other avenue will do – probate litigation is an official process with neutral decision makers. Judges in probate court have established precedence from thousands of previously litigated cases that will guide them in decision making – and can make your own case more predictable.

Contact Suncoast Civil Law

it is always wise to know your options. Contact an esteemed Sarasota will & probate attorney at Suncoast Civil Law to discuss what options you have in resolving beneficiary disputes.

Sources:

rollingstone.com/music/music-news/michael-jackson-heirs-estate-irs-dispute-1235030682/

miamiherald.com/news/local/community/miami-dade/article291669150.html

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