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

Inside the Universal Life Church World Organization

When it comes to the various denominations that have established themselves over the years, the Universalists are arguably one that is the most misunderstood. While there are some factions of the church that have been ridiculed for their quick buck mentality when it comes to being an “ordained minister”, there are actually many positive attributes to the church that gets overlooked. This is especially true of the Universal Life Church World Headquarters which does not follow the path of some of the other churches in the same denomination. However, all churches have their flaws in certain regards, so it may not be surprising that some elements of a particular type of church may really stand out in the eyes of the public when the truth is that there are thousands, perhaps millions who worship in a church that offers real, direct services to its members. Churches around the world are often the butt of jokes or ridiculed for the actions of what turns out to be a small minori

Miami Probate Attorney Explains the Importance and Use of a Living Will

According to Miami Probate Attorney , an estate planning attorney in Miami, Florida , living wills and other advance directives, such as a power of attorney for health care, help individuals by describing their preferences regarding their own end-of-life care, and adults of all ages should have advance directives because the unexpected may happen at any age.  He describes living wills as a legal document that describes an individual's preferences regarding their own treatment if they face a serious illness or accident, speaking for them when they cannot speak for themselves.  A living will, also known as a health care declaration , allows individuals to clearly explain what they do and do not want in terms of their own medical care, and it is not necessary to be a medical expert to complete this document, although it helps to be familiar with various medical procedures commonly administered.  In most states in the United States, a living will asks whether or not the i

Attorney Television Ads - Why They Still Work?

Attorney television ads, despite the controversy surrounding them, have been undeniably effective in helping people find lawyers to help them with their legal issues. Even though the rise of Internet marketing to prominence has caused some people to loudly proclaim that television advertising is dead, TV remains a powerful marketing medium for the legal profession. Even now, attorney television ads have more reach than Internet advertising, especially when you consider that many people who need an attorney are more likely to have ready access to a television than a computer. Many people who have suffered harm at the hands of another party are completely unaware of their legal options. Attorney television ads inform them of their rights and tell them what attorneys can do to help. Some people argue that attorney advertising cheapens the profession, that it makes success a matter of who has the most eye-catching ad rather than the most trustworthy services, and they do have half a