Though the purpose of a will is to eliminate confusion and stress over the division of an estate, it is still possible that a fight may occur between family members of property and assets.
The executor of a will has the right to divide the property according to the specifications of last will and testament, but the will may go through probate first. It may be possible to avoid battling over the deceased’s estate if you take these tips into account.
1. Carefully read all documents
By carefully reading through the will or trust, you may avoid missing important points or assuming certain things. Make sure the copy is the most updated form of the document and take notes or write down specifics as you read.
2. Get help with the inheritance laws
Those who are not included in the will could try to challenge the document, but it depends on the state’s inheritance laws. There may not be a legal right to certain property, settling a potential dispute before it takes place.
3. Look for evidence supporting the will
There may be arguments from family members over the mental capacity of the deceased at the time of drafting the will. Look for evidence that supports the will, either in statements or comments made by the deceased or through medical documentation.
These tips will not always keep a will from winding up in probate court, but they will help clarify the potential outcomes of the situation. Legal insight is always recommended when determining the validity of a will.