Skip to main content

Avoiding Family Disputes During the Probate Process

Unfortunately, inheriting property and the probate process itself sometimes brings out the worst in people. While many people handle the process smoothly and follow their loved one's instructions and best as possible and make agreements on the rest, death can stir up long dormant problems and bring up both jealousy and resentment. In fact, this is why many families end up turning to a probate attorney in Miami.

Because surprise is most likely to bring out bad feelings, the best way to avoid family disputes is ensuring the entire family knows the broad outline of how you plan to leave your property and help them understand your choices. This way, they at least have time to get used to the idea and raise any concerns. This also makes it more likely they will respect these decisions and not try to undermine them through a lawsuit or in some informal manner.

Unequal division of assets among offspring is the major cause of conflicts. Most parents choose to leae property and assets to their children in a more or less equal fashion, and there may be many good reasons to differ from this. After all, one child may have issues handling money, or may have already received large gifts in the past. Children who understand the reasoning are more likely to accept decisions, however.

Unfortunately, disputes can arise even if you have a will, and the rights of close relatives to your inheritance may even override your will. That's why it's important to consult with a Miami estate planning attorney before drawing up your plan to avoid problems down the road.

In almost all cases, you cannot cut a surviving spouse out of a will. In community property states, spouses automatically own half of what either spouse earns over the marriage, unless there is a written agreement stating otherwise. Each spouse may do whatever they like with their half share of the property, and with separate property. In other states, there are laws in place to protect spouses from being disinherited, and most states will automatically give the spouse the right to claim 1/3 to 1/2 of the deceased spouse's estate, regardless of what the will says. This is just one example of the limitations of a will, which should be discussed in detail with a probate attorney in Miami.

To help avoid disputes, it's important to choose the executor of your will carefully. Many people assume their oldest child should be the executor, even if the child doesn't seem up to the task. Choose someone you trust who is honest, organized, great at communicating and keeping records because inheritors are less likely to become suspicious or anxious if the executor of your estate keeps them informed.

You should also deal with your attorney independently. If you consult with a Miami estate planning attorney for advice or to draft paperwork, keep this relationship independent of any influence from others. Do not hire a probate lawyer in Miami who has done work for someone you plan to leave money to, and speak with the lawyer alone to freely express your wishes.

Finally, consider adding guidance on any sentimental items. This type of clause will leave your personal possessions and furniture to many people in equal shares, but with no instruction on how it is divided. Be sure to offer guidance here by naming specific items or assigning the division to the executor.

Comments

Popular posts from this blog

What Does a Probate Lawyer in Miami Do?

At one point or another, we all hear about probate attorneys, but it's not something we ever think about until we're faced with the inevitable. What does a probate lawyer in Miami do anyway? What makes a probate attorney and when do you need one? What is a Miami Probate Attorney? Probate attorneys manage the filing of a deceased person's last testament or will, and they also handle estate planning. Because many disputes can arise from the disposition of property after someone passes, a probate lawyer will act as an estate or trust lawyer. Unfortunately, most people don't even consider finding a probate lawyer in Miami until someone has died. This means there is usually a sense of urgency to hire an attorney and not much time spent shopping around for an experienced and qualified lawyer. It's important to understand that probate law may be very simple or convoluted, time-consuming and confusing, and it all depends on how much estate planning the ...

Illegal Immigration - Their Impact on Our Society

Foreign citizens of a particular nation that do not possess the requisite documents to reside in the country are regarded as illegal immigrants. Basically, every immigrant or foreign national is required to possess some standard documents without which his or her stay in a particular is illegal. Illegal immigration results from secret entry into the nation or entry with falsified documents. Another category of illegal immigrants stems from those that lawfully gained entry into the nation but overstayed their visits by violating the terms of entry as they violate the temporary stay duration they were granted. Human trafficking by international smuggling groups also account for some of the illegal immigration cases. The impact of illegal immigration on the society cannot be over-emphasized. It is however worth noting that this phenomenon has hot its positive and negative effect. However, one outweighs the order and different quarters make their judgment based on the perspective th...

Why Consider Estate Planning in Miami?

Have you ever wondered if you should hire a Miami estate planning attorney at some point, or why estate planning is so important? Actually, estate planning is incredibly important if you want family and loved ones to inherit your property and assets without a time-consuming and expensive probate process, or huge taxes that take a large share of the estate. Unfortunately, too many people put off creating an estate plan because they believe there will always be time later. This overview will explain a few of the most important benefits of working with an estate planning attorney in Miami . 1. Medical Power of Attorney While you may think of estate planning as something that's only important after you die, an estate planning attorney in Miami can help you create a medical power of attorney and living will, designating someone you trust to make important medical decisions and manage your affairs if you are incapacitated or seriously hurt by following your written guideline...