Probate Problems Between Siblings – A Guide
Not all siblings have the smoothest of sailing, which can lead to various conflicts. These are prevalent among probate cases, especially when there’s money and assets on the line which can particularly fuel greed among many people. It’s best to have a legal representative with expertise in probate litigation to negotiate and mediate over the problems:
Some of the most common probate issues between siblings include challenging will or testament and the differences in the estate awarded between them. In such circumstances, a probate attorney will be required to deal with the conflicts taking place.
If A Sibling Does Not Join the Probate Process
In some cases, siblings will not wish to take part in the estate. Despite this, you can open an estate after sending out an administration letter to each of your siblings. In case of any objection from any of them, the court will request a hearing. To handle this situation, you’ll need a probate attorney to settle things.
Protecting Your Inheritance
By taking legal action, you can ensure that your inheritance is protected at all times. People often have some nefarious influence over their parents which can lead to their siblings not getting their due rights. These will inevitably lead to legal disputes, with cases like will challenges or removal from the position of the personal representative being common.
Estate division is dictated by the decedent’s will, which gives a detailed account of how assets are divisible among their children. Often, they will equally distribute assets but often one child may get more than the other. These usually depend upon their dealings, such as how a particular child cared for the parent. Parents also focus on the financial stability of their children, which could lead to a less fortunate child getting more than the other.
There’s also the option of disinheriting a child altogether due to some conflict or dispute.
Many probate cases don’t go out as smoothly as you might imagine due to their confrontational nature. This is why experts recommend having legal counsel to end up with the most amicable results. At Ledwidge and Associates, our emphasis is on probate law, particularly helping sensitive probate law cases, helping them get their due rights. Reach out to the business today if you seek a probate law or litigation lawyer.
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