The loss of a loved one is an emotional time, but it’s one that requires specific matters to be handled. One of the things that has to be done after a person dies is handling the probate process. This can be overwhelming when emotions are already high.
Part of the probate process involves making decisions about property and bills, as well as completing paperwork. The work that has to be done depends on what the estate includes. This can be homes, personal items, debts, bank accounts, and a variety of other assets.
Presence of an estate plan
One factor that can determine whether family members will fight during probate is the presence of an estate plan. If there’s an estate plan, the court will confirm who has the authority to act based on the estate plan. In the absence of an estate plan, the court will have to divide things based on the intestate laws governing the estate.
Loved ones will typically battle against an estate plan if they have a valid reason to believe that the decedent didn’t intend for their estate plan to be the way it’s being represented. Factors such as undue influence can lead someone to change their estate plan even when they didn’t want to.
Emotional attachment to property
Another reason why family members might fight an estate plan is that they feel an emotional attachment to some property. This might not even be anything with financial value. For example, the stained glass butterfly that hung in the dining room might be worthless when it comes to money, but it could be the most important item for someone simply because of the emotional attachment to the item.
Launching a dispute during the probate process isn’t something that should be done without thinking carefully about how it may affect the family dynamics. Ultimately, there are some instances in which a dispute is warranted. Working with someone familiar with these matters may be beneficial since these cases are often complex.