Sometimes, no matter how hard you try to avoid them, disputes arise in the probate process, making it a complex and emotionally challenging experience. Our probate attorney McAllen TX understands you want to avoid bringing negativity into the mix. That’s why we work tirelessly to help you resolve conflicts efficiently and amicably.
Our McAllen estate planning lawyers want to share crucial information about common private disputes and ways to resolve them effectively. Let’s start by looking closely at the probate disputes McAllen residents commonly face.
Probate Issue #1: Will Contests
It’s not uncommon for disputes to arise over the legitimacy of a will. In these situations, family members may contest the will on grounds such as lack of testamentary capacity, undue influence, or fraud. Likewise, if a will’s language is ambiguous, it can potentially lead to disagreements among beneficiaries who want to understand the deceased’s intent.
Probate Issue #2: Creditor Claims
If debts were owed by the deceased, creditors may come forward with claims against the estate for the money they are owed. While this is commonplace, disputes can arise over the validity and amount of the claims brought by the creditors. Sometimes, these claims can completely deplete the estate’s assets, leaving beneficiaries with little to no inheritance.
Probate Issue #3: Disagreements Among Beneficiaries
Unfortunately, beneficiaries often have different opinions about how their loved one’s assets are distributed. These opinions can even bring doubts over the handling of the estate affairs of the executor’s actions. As you can imagine, these disagreements can delay the entire process and bring stress and worry to everyone involved.
Resolving Probate Disputes
When probate disputes are brought forward, various ways exist to address and resolve them. While some, like mediation, are often quick, others, such as litigation, involve court proceedings and can affect the family’s dynamic due to their adversarial nature. Let’s take a closer look at the ways you can resolve a probate dispute:
Mediation
Mediation brings a neutral third party who helps the disputing parties reach a mutually acceptable agreement. This process is often quicker, less costly, and less adversarial than litigation. Mediation sessions frequently facilitate discussions, which can help different parties understand the other’s perspective. It’s a process that encourages open communication and can potentially preserve a family’s harmony.
Negotiation
Similar to mediation, negotiations between the parties involved can be carried out with or without the help of each party’s attorneys. Direct negotiations require a commitment to compromise and the willingness to have clear communication. If attorneys are present, they will regularly provide guidance throughout the process and help ensure their clients’ rights are protected as a fair resolution is worked on.
Litigation
Probate disputes can often fail to be resolved by mediation or negotiation efforts. When this occurs, the parties involved may take their dispute to court, where a judge will have the final say. Unlike negotiations, where lawyer assistance is optional, professional representation is significant in litigation. They will gather evidence, present the case, and advocate for their client’s interests before the judge.
Preventing Probate Disputes
As you can imagine, probate disputes can be overwhelming and emotionally draining. While resolution is possible, one of the best ways to avoid them is to take preventative action through the estate planning process.
If you are planning your estate, make sure your will is detailed, clearly worded, and regularly updated to reflect any changes in your life or wishes. You’ll want to establish a trust that can provide more control over how your assets will be distributed among your loved ones. And remember, clear communication is a must for preventing probate disputes. Be open and honest about your estate plan with your family members. Doing so can help avoid misunderstandings and reduce the likelihood of conflicts.
Our Probate Attorney McAllen TX is Here When You Need Most
Whether you’re beginning your estate planning process or need guidance as you attempt to resolve a probate dispute, know that Fryer and Hansen are here to help. Our probate attorney McAllen TX has built a reputation for providing excellence with professionalism and a personal approach. You can always count on us no matter where you are on your journey. Contact us in McAllen today to schedule an appointment or to learn more about our services.