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How Can Siblings Avoid or Resolve Probate Disputes?
No parent wants their children to argue after their passing, but even siblings who have rarely disagreed before may find themselves involved in a quarrel over the administration of a will. There are several ways in which you and your siblings could avoid or resolve probate disputes, but litigation is often necessary when disagreements arise.
At Hackard Law, our attorneys understand how complex family dynamics can become after a relative’s passing. Finding a resolution to a probate dispute, or preventing escalation, could help your family move forward after the death of a loved one.
How Can You Avoid a Probate Dispute?
People often hope that careful estate documents will prevent disputes, but even clear wills or trusts can be contested. While documents may reduce misunderstandings between siblings, probate disputes over interpretation, undue influence, or trustee misconduct still occur — and when they do, litigation is often necessary to protect your interests.
Nominating a neutral executor can sometimes reduce friction, but it does not guarantee that disputes won’t arise. Even when a neutral or non-family executor is named, conflicts about administration or conflicts of interest may surface; when that happens, our litigation team represents clients in contested probate matters.
Resolving a Probate Dispute With Mediation
If a dispute between siblings regarding probate does arise, the sooner it can be settled, the better. Seeking the guidance of an experienced mediator could ease the resolution process. A mediator provides a neutral space in which all parties can openly communicate their concerns. They will listen to each sibling to fully understand their issues. After getting a good grasp on the cause of the dispute, the mediator will work with all parties involved to try to reach a mutually agreed-upon resolution.
If mediation does not resolve the dispute, our attorneys will pursue litigation to protect your rights and seek the outcome you deserve.
Contact an Attorney for Help Resolving a Family Probate Dispute
If a probate dispute between you and your sibling(s) has already arisen — or you suspect one may — contact an experienced estate litigation attorney promptly to protect your rights. After the death of a loved one, you may be overwhelmed and unsure of how to move forward with the administration of their will. We understand the impact family dynamics can have on probate proceedings.
We represent clients in will contests, trust litigation, probate litigation, trustee misconduct, trust accounting disputes, undue influence, and elder financial abuse — on a contingency fee basis. If we don’t win your case, you don’t pay us.
Contact Hackard Law today to discuss your contested probate matter.