Families Need a Probate Attorney During Estate Planning Disputes

Money and inheritance are common causes of conflicts among family members. These fights ruin relationships irreparably and tear your family apart. It would help to devise mechanisms to resolve conflicts and avoid worsening the situation. Estate planning with assistance from a probate attorney goes a long way.

Careful real estate planning resolves fights and arguments that arise if you don’t have a plan. Thus, this is one of the most important gifts to give your family. It strengthens the siblings’ bond and maintains a legacy for you. It addresses various situations of potential conflicts and how to resolve them. Below are ways to avoid estate fights. Continue reading to learn more.

Find Fair Ways to Divide Household Items

Estate disputes do not occur due to the monetary value attached to them. It is the emotional attachment that matters. For instance, your dependent may not value your home but likes the dining set where they grew up and made memories with peers and families. Consider equitable ways to divide these items.

Your dependents can write the disagreed item on a piece of paper and use a lottery system to divide it. Or they can take turns in using the item. Later, they can decide to sell the items and share the proceeds.

Explain Unequal or Different Treatment of Beneficiaries

Equal distribution of assets is essential in avoiding disputes. In some circumstances, children may take better care of you than others in your old age despite having the capability. This may prompt the need to distribute the property unevenly. It, however, leads to conflicts later.

It would be best if you explained the decision and why you think it’s appropriate. Also, listen to your dependents and get their views and opinions. If you feel conflicts are unavoidable when discussing the reason for your decision, hire a professional to help your children work through their frustration. This will help keep the conversation on track and avoid getting out of hand.

Choose an Independent Executor

Even though you might decide to choose your child or close friend as the executor, it comes with some issues. Appointing them creates a way for potential conflicts in the future. As mentioned, it’s challenging to come to terms with the death of a breadwinner. It’s an emotional moment, and adding other responsibilities becomes more stressful and overwhelming.

Asking whether the person appointed as the trustee can handle all the responsibilities during that time would help. A probate lawyer advises on the appointment of a neutral person. They can easily divide the assets among the family members.

Create a Comprehensive and Irrevocable Will

This is the best and easiest method to prevent disputes over your assets. It involves creating a legal document explaining the person responsible for your property when you can no longer do it. Furthermore, it shows how the property will be divided among the beneficiaries. Your family will disagree on who should take the responsibilities. In extreme circumstances, it results in lengthy court procedures as the family awaits the hearing and judgment.

In addition, the process is expensive since they are required to hire a probate attorney.

Continually Monitor and Update Your Estate Plan

Things occasionally change, prompting you to make amendments to the plan. In case anything occurs, don’t hesitate to update your plan. Change the beneficiary’s designation based on changes in their lives. For instance, if the person you had appointed to administer your assets can no longer do it due to various reasons. Understand that estate planning is a long-term process and not a one-time thing.

Some clauses also change due to law amendments. You should keep an eye on them and make the necessary alterations.

Determine Who Takes Care of Your Children

It’s hard to think that your kids will be under someone’s care at some point. But the unexpected happens, and you can’t be there for them. This comes with added financial responsibilities, which prompt disagreements among family members on who to cater to them.

Consider including who to take care of all their needs in your plan. Indicate on the plan the assets to be used to cover their needs, for instance, education and medical expenses. Failure to do this subject your kids to tedious court procedures with probate lawyers in Las Vegas. This leads to strained relationships.

Designate Who Will Administer Your Estate

A probate attorney in Las Vegas recommends that you should appoint someone to administer your property in the event of death. People assume this is a prestigious responsibility and will probably fight over it. Consequently, they spend a lot of money and time in court battles. In addition, they adversely affect relationships among family members.

As indicated, creating an estate plan would be best in this situation. This is because your family is most likely to undergo a probate process which can be costly. In addition, everything for your family becomes public information.

Decide Who Takes Care of You and Makes Decisions for You

When planning for your estates, it would be best to include the person to take care of you. Life is full of uncertainties; you may get sick or become incapacitated. It would help if you had someone to care for you and your finances during this time.

In most circumstances, siblings and dependents dispute who will take the responsibility, for instance, on medical bills. When left unresolved, the arguments lead to lifetime conflicts. As a result, they compromise the quality of care, which extends your recovery period. Failure to have a plan prompts the court to entrust your care to someone else.

Talk with an Estate Planning and Probate Attorney

Undoubtedly, you have little or no understanding of real estate law. Hiring a solicitor with a better experience of the law and how its interpreted according to the local court system would be best. In addition, they help your loved ones understand their rights as inheritors and what they can do to solve the fights over the will or property.

If you must go through the court to solve the conflicts, the probate attorney will guide you on the required documents to process the claim. Such documents include the estate deeds, a list of beneficiaries, and their addresses. They have top-notch negotiation skills to help you get the best deal.

Consider Liquidating Your Assets

At times, disputes arise from the value of the assets. For instance, allocating the family house to one child and giving the other something of lower value. There is no way to divide the properties equitably.

A probate lawyer in Las Vegas recommends liquidating the property and dividing the cash equally among the beneficiaries. Alternatively, randomly taking turns sharing the property would work. However, this is suitable if your beneficiaries reach a mutual agreement.

Are you searching for an experienced estate planning attorney in Las Vegas to handle your claim? Look no further as our company, The Law Office of Sean Tanko has a team of solicitors has the required training and experience to handle all probate and estate matters. In addition, we have been operating for nearly 20 years, hence a wide range of expertise. To book an appointment, contact our Las Vegas office at 702-463-8700.