Probate Family Feud: Top Reasons Why Families Fight Over Estates

There are fewer things that bring out as much raw emotion as death. Along with sadness and the anguish, it’s also common for surviving kin to experience anger and confusion.

If the deceased failed to legally handle the affairs of their estate, then family fights and raw emotions take center stage. Below are a few of the most common reasons why families fight each other in probate court.

Sibling Resentment and Entitlement

It’s common for siblings to find that they engaged their deceased parent differently. The type of relationship that siblings have their parents often depends upon aspects such as personalities, geography, proximity, and birth order.

No matter why one child was closer to the deceased parent than the other (or others), it’s common for anyone feeling emotionally left out to challenge the estate. They feel that since they were denied emotional access to their parent, they’re entitled to physical access of the assets.

Blended Family vs. Original Family Members

Things can become sticky when the issue of blended family members vs. original family members receiving the deceased’s assets comes into play. For example, the deceased’s natural children might resent stepchildren sharing in the estate. The original spouse of the deceased might take issue of subsequent spouses seeking estate assets, too.

Then there’s the issue of adoption. If the deceased adopted any children, especially if the adopted children were past a certain age, then the natural children might not treat the adopted child like a true member of the family Instead, they may shut them out.

Assets of High Value

Assets of high value include real estate, companies, vehicles, artwork, and insurable jewelry. Inheriting assets of high value would allow survivors to sell the asset in order to gain access to a lot of money.

But for this reason, other family members might try to block inheritance. And if the inheritance involves a company and the succession of its leadership, battle lines could be drawn to prevent estate decisions that other survivors aren’t in agreement with.

Handling affairs after the death of a loved one is hard enough, and probate law is often complicated. Reaching out for a probate attorney in Las Vegas pro should be the first things you do after making final burial or cremation arrangements.

Estate Planning Is a Lifetime Process

It may only take a few hours to create a will, trust or other estate plan documents. However, the process of estate planning doesn’t end after documents are crafted and executed. This is because life events or other events could make some or all of a plan obsolete or vulnerable if changes aren’t made.

Your Needs Are Likely to Change Over Time

Over a long enough period of time, your estate plan needs are likely to change. For instance, if you have a child, it may be necessary to include that child in a will. If you have a grandchild, you may want to include that person in your will or trust. Furthermore, parents can benefit from updating a will or trust to include a guardian or an alternate guardian if one is already listed. Changes to the tax code such as an increase in lifetime estate tax exemptions could render a trust obsolete or unnecessary.

Review Your Estate Plan If You Move

If you move, it is a good idea to have your estate plan reviewed by an estate planning lawyer in Las Vegas. This can make it possible to determine if you need to have it signed by additional witnesses or make other changes to comply with state law. You may also be subject to the probate laws in any state where you own property. Therefore, it is important to spend time making sure that your final wishes can be carried out after passing on.

Simple Errors Could Have Significant Consequences

If a will is not in compliance with relevant state law, it could be successfully challenged by a child or other interested party. In the event that other documents are challenged, it may prevent assets from being transferred or retaining their protection from creditor claims. This can be another compelling reason to regularly review an estate plan no matter how airtight it may seem.

Making the Most of Your Federal Estate Tax Exemption

Prior to the passage of the Tax Cuts and Jobs Act (TCJA), the federal estate tax exemption was roughly $5 million. Until 2025, the exemption is increased to $11.18 million for individuals, and married couples can choose to combine their exemption. Although there is no guarantee that the exemption won’t go back down in 2026, there are ways that you can take advantage of the increased exemption while it exists.

Consider Giving Large Gifts to Family and Friends

By gifting cash or assets inside of the estate prior to passing, it will likely reduce the value of your estate when you pass. Therefore, you may not have to pay any taxes at the state or federal level. If your estate is worth more than the lifetime gift and exclusion limit, whatever portion exceeds the limit will be taxed at a rate of 40 percent. It is important to consider that items that are gifted do not qualify for a step up in basis.

Consider a Charitable Trust

If you don’t want to lose access to cash or assets today, you may want to put them into a charitable remainder trust. What this does is allow you to collect any income that the trust generates while you are alive. The money that remains in the trust after you pass will automatically be gifted to charity. This takes the money out of your estate automatically after passing without losing control over it while still alive.

Are You Worried About a Potential Claw Back?

An estate planning lawyer in Las Vegas may help you create an estate plan that accounts for potential claw backs that may occur after 2025. However, the good news is that the IRS is considering a rule that would prevent this from occurring as long as a gift or other action was taken prior to 2026.

The Benefits of Regular Estate Planning Sessions

Your estate plan will ideally consist of a will and beneficiary designations. It should also consist of a health care proxy and financial power of attorney. However, even after these documents are created, it is possible that your needs or goals will change over time. By engaging in regular estate planning review sessions, you reduce the risk that a plan becomes obsolete or outdated.

Do You Still Trust Your Executor?

It’s possible that your oldest child is not fit to be making decisions about your money or other assets now or in the future. It is also possible that a close friend gets ill or passes away before you do. To account for these and similar issues, it may be a good idea to add an alternate executor or eliminate the current one entirely. In some cases, it may be wise to have executors for different portions of your estate.

Has Your Estate Gotten Larger?

If you have acquired artwork, a car collection or a large sum of money, you may need to determine where it goes after you pass. It may also be necessary to determine its value to find out if it will trigger an estate tax bill. Thinking about these issues now allows you to put assets in a trust or give them away before you die if tax savings is important.

Do You Want to Go Through Probate?

If you don’t want to go through probate, you can create a plan that allows assets to be held outside of an estate. However, a probate attorney in Las Vegas may be available in the event that a will exists that must be verified by the court. This person may be able to make the process as easy and efficient as possible.