The disputes within a family arise primarily when somebody close passes away. The cause of disputes majorly revolves around property distribution and its inheritance. To help keep the disputes and disagreements to a minimum, drafting a will and planning about the estate is very important. This will prevent unnecessary litigation in the future. Here are certain disputes listed below that are a common occurrence and you need estate firms to resolve them.
Delay by executors
The wishes of the deceased are carried out by the executors. They are also accountable for managing the entire probate process. Executors need to obtain a probate grant, to begin with. With no specified time for taking the required action, the executor might take any amount of time. They normally need to apply to the court within 12 months of the decease, but if they delay, the beneficiaries need to apply for deadlines to grant probate.
Disagreement on the disposition of estate property
Another big dispute that always remains is if the family house needs to be sold or needs to be kept within the family. To avoid misunderstandings, the beneficiaries who want to keep the house can buy their portion and let others sell the rest of it. The deceased also has an option of selling it out if the beneficiaries have the option to buy it from the estate. If such terms are not mentioned, they can take the help of a professional to get it resolved.
Transfer of unauthorized assets
There are cases when a family member is assigned the power of attorney but other beneficiaries argue about the distrustful transfer of assets. This is pressed as unlawful asset value transfer. When these doubts arise, forensic accountants review the property records and understand if any unfair practices have been done. They receive a lesser share in the final disposition.
The accusation of undue influence
A family member or a friend when disproportionately influence the deceased to map their estate planning in their favour, serious charges can be pressed against them. They will be held accused of undue influence on the deceased and might be declared invalid and challengeable from receiving the shares. Unless the accused can prove their innocence, there is no way back.
Litvack Dessureault LLP has the best experience in sorting any will-related issues that might arise after the death of your loved one.