Probate disputes can be very complicated. They can also be highly emotional, as they tend to happen at a relatively difficult time—after a loved one’s passing.
That being said, there are some steps that people can take to reduce the odds of estate disputes. Nothing guarantees they won’t happen, but this will make them less likely.
Talking to beneficiaries in advance
Some disputes are just the product of miscommunication. For instance, many people assume that they’re going to inherit far more than they actually are. Having conversations in advance can help set expectations. It also means that points of conflict can be addressed upfront, rather than after the person passes away.
Leaving equal bequests
Many estate disputes also simply involve situations where distributions aren’t equal, and beneficiaries feel that this isn’t fair. They may even claim that undue influence was used to alter the estate plan. While it isn’t legally necessary to leave equal bequests, doing so can reduce the odds of a dispute.
Using assets that skip probate
Another option is simply to transfer assets in a way that can’t be disputed. For instance, a payable-on-death account uses a beneficiary designation. The beneficiary is named in advance and then takes over as the owner of the bank account or another type of financial account. This means that the account doesn’t have to pass through probate at all, so no one can dispute the transfer.
As noted above, though, estate disputes do still happen, even with good planning. Those who find themselves in this position need to know exactly what legal steps they can take moving forward.