Some of the Most Common Estate Disputes

Estate planning can be an emotional and complicated process. Over my years as an estate planning attorney, I’ve seen a wide range of disputes arise among beneficiaries. While estate disputes are sadly common, understanding them can help in creating a solid plan to avoid such conflicts. Here, we'll explore some of the most frequent issues that families face when it comes to estates, based on my extensive experience working under Maryland law.

Inheritance Disagreements

Inheritance disputes are perhaps the most common type of estate conflict. When an individual passes away, the division of their assets can become a contentious issue among family members. Often, siblings or other relatives may feel they deserve a larger share or believe they were promised certain items that are not mentioned in the will.

As estate planning attorneys, we often see cases where a will’s language is vague or unclear, leading to different interpretations. It's essential to be as specific as possible in a will to avoid these disagreements. Including detailed descriptions of assets and their intended recipients can go a long way in minimizing conflict.

Moreover, it’s helpful to have open and honest conversations with potential heirs about your intentions. While these discussions can be uncomfortable, they help manage expectations and reduce surprises that can lead to disputes.

Contested Wills

Another frequent issue we encounter is the contested will. This typically occurs when an heir believes that the will does not accurately reflect the deceased’s wishes. Reasons for contesting a will can vary, including claims of undue influence, lack of capacity, or even fraud.

In Maryland, a person contesting a will must prove their claims in probate court. This can be a lengthy and costly process. Estate planning attorneys often advise clients to regularly update their wills and include clear evidence of their mental capacity at the time of signing. This might involve getting a doctor’s note or having witnesses who can attest to the individual’s state of mind. These precautions can make it harder for someone to successfully contest a will.

A contested will not only delays the distribution of assets but also strains familial relationships. The emotional and financial toll of such disputes can be significant. That's why it's crucial to address any potential issues during the estate planning process, making the will as airtight as possible.

Executor Issues

The executor of an estate plays a critical role in managing and distributing assets according to the will. Unfortunately, disputes often arise concerning the executor’s performance or suitability. Family members might feel the executor isn’t acting in the estate's best interest, is taking too long to settle affairs, or is mismanaging assets.

Choosing the right executor is crucial. It should be someone trustworthy, organized, and able to handle the responsibilities impartially. It’s also wise to communicate this choice with your family to prevent feelings of surprise or resentment. In some cases, appointing a professional executor, such as an estate planning attorney, can be a viable option to avoid familial conflicts.

Executor issues can also arise when the executor is a family member who is perceived as having a conflict of interest. For example, if one sibling is chosen over another, it can lead to accusations of favoritism. By selecting qualified neutral parties, such as estate planning attorneys, you can help mitigate these concerns and guarantee that the estate is managed impartially.

Disputes Over Non-Probate Assets

Not all assets pass through probate. Some, like life insurance policies, retirement accounts, and jointly owned property, transfer directly to the named beneficiaries. Disputes can arise if these designations are outdated or if there are conflicts between the will and the named beneficiaries on these accounts.

To avoid such disputes, it’s important to regularly review and update beneficiary designations to reflect current wishes and circumstances. Additionally, making sure these designations align with the overall estate plan is crucial. As estate planning attorneys, we emphasize the importance of consistency across all estate documents.

Non-probate assets can sometimes be overlooked during the estate planning process, leading to significant disputes among heirs. It's essential to consider these assets when creating your estate plan and to communicate your intentions clearly. Regularly reviewing your estate plan and updating it as necessary can help to prevent these types of disputes.

Ambiguities in the Will

Ambiguities or unclear language in a will can lead to significant conflicts among beneficiaries. When the wording of a will is open to interpretation, family members may have differing views on what the deceased intended. This can result in prolonged legal battles and strained relationships.

To prevent ambiguities, it’s essential to work with an experienced estate planning attorney who can draft a clear and precise will. We take the time to understand your wishes thoroughly and see to it that they’re articulated in a way that leaves little room for misinterpretation. Reviewing the will periodically and making necessary updates also helps in maintaining clarity.

It's also beneficial to include a no-contest clause in the will. This clause can discourage beneficiaries from challenging the will, as it typically states that anyone who contests the will forfeits their inheritance. While this clause isn't foolproof, it can be a strong deterrent against frivolous challenges and help to uphold the integrity of the estate plan.

Guardianship Disputes

When minor children are involved, guardianship disputes can become particularly contentious. Parents often have strong opinions about who should care for their children if they pass away. However, if these wishes are not clearly outlined in a will, it can lead to disputes among family members, each believing they’re the best choice.

Naming a guardian in your will is an essential step in estate planning. It’s also important to discuss this decision with the chosen guardian and other family members to make everyone aware of your wishes. While these conversations can be challenging, they’re crucial for preventing disputes and making sure your children are always in the care of someone you trust.

Guardianship disputes can have long-lasting effects on the children involved, causing them additional stress during an already difficult time. By clearly outlining your wishes and discussing them with your family and estate planning attorneys, you can help guarantee that your children are cared for according to your intentions. This minimizes the potential for conflict.

How You Can Avoid These Disputes

Estate disputes are an unfortunate reality that many families face. With careful planning and clear communication, many of these issues can be mitigated. As estate planning attorneys, we aim to guide our clients through this process with empathy and expertise, seeing to it that their wishes are honored and their families are protected. 

Our role isn’t just to draft documents but to help you fully understand the implications of your decisions and how they might impact your loved ones. We believe in taking a proactive approach, addressing potential areas of conflict before they arise, and providing ongoing support to our clients. For any estate planning needs, always feel free to reach out to us at the Law Offices Of Julie A. Schejbal, CHTD in Dunkirk, Maryland. We're happy to serve Calvert County, Prince George's County, Charles County, and St. Mary's County

Reach Out to Our Team Today

By working closely with you to make sure you have a comprehensive understanding of each aspect, we can create an estate plan that reflects your values, minimizes disputes, and provides peace of mind for you and your family. Whether it’s drafting a clear and comprehensive will, choosing the right executor, or regularly reviewing and updating your estate plan, we’re here to help your family through the whole process.