Common Causes Of Beneficiary Disputes
Even with the most thoughtful estate plan, disputes among beneficiaries can still arise after someone passes away. When a person dies without an estate plan, disputes among beneficiaries are even more likely. These disputes can sometimes require probate litigation to resolve, which can be lengthy and deplete the assets within an estate. Below, our St. Petersburg probate litigation attorney outlines the most common causes of beneficiary disputes and how to avoid them.
Dynamics in the Family
The time after someone passes away is very stressful for their loved ones, particularly if the deceased financially provided for others in the family. The dynamics within a family, and any disputes within it, are often highlighted after a person passes away. For example, an adopted child may feel as though a biological child was favored by the deceased. Feuds can erupt between family members and feelings can become hurt, and this can result in probate litigation.
Vague Testamentary Language
Many will and trust contests are caused by vague language within the legal documents themselves. When these estate planning documents are executed properly and clearly document the decedent’s intention for the distribution of their property, beneficiary disputes can be avoided. Vague language can result in questions about what a decedent meant, or how their stated intentions should apply to the property within the estate at the time of their passing.
Inheritance Disputes
Beneficiaries sometimes feel as though they have been improperly excluded from their loved one’s estate plan. Other times, they feel as though they have received an unfair portion. This can create tension between the beneficiaries. Inheritance disputes are more likely to arise when a person has changed part of their estate plan or they created a new will or trust. If a decedent was under the care of another person, such as a guardian, it can raise concerns that they were unduly influenced, which is one of the most common reasons for contesting a will.
Distrust of Personal Representatives or Trustees
Inheritance disputes can also involve disagreements relating to the person distributing the estate. Beneficiaries may not trust the personal representative named in their loved one’s estate plan, or the trustee designated to handle the decedent’s affair in a trust. Sometimes, there is valid reason for distrust, such as when a trustee has behaved badly in the past or does not seem to be living up to their fiduciary duties. In other cases, distrust may be based on family dynamics and history between loved ones during estate administration.
Our Probate Litigation Lawyer Can Help with Disputes
If a loved one has passed away and you are now facing a beneficiary dispute, you need legal advice. If you are currently creating an estate plan, our St. Petersburg probate litigation attorney at Legacy Protection Lawyers, LLP, can advise on the estate planning strategies that can avoid future disputes. Call us now at 727-471-5868 or contact us online to schedule a consultation with one of our experienced attorneys and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
