The passing of a loved one is already an emotional time, but disputes around inheritance threaten to turn a difficult time into a legal battle.
While many inheritance disputes center around finances, money isn’t the only thing that can lead to conflict.
If you’ve found yourself at odds with family members over an inheritance, an experienced inheritance dispute attorney can help your family understand your legal options.
Staza Law helps Chicago-area families navigate inheritance dispute resolution, mediation, and when necessary, probate litigation. Below, we explain some of the most common causes of family inheritance disputes and how an attorney can resolve these issues while preserving family peace.
What Are the Most Common Family Inheritance Disputes?
Most people think that family inheritance disputes are always about money, but that isn’t always the primary driver. There can be many valid reasons beyond a perceived unfairness in the distribution of funds or assets for a family inheritance dispute to arise.
Below are the most common causes of inheritance disputes we see at Staza Law:
1. Will Contests
A will contest can occur when one or more family members believe that there are legitimate questions about a will’s validity. This often happens when there are sudden changes to a will shortly before death. If it can be proven that the testator was pressured into changing their will, or that they did not understand what was happening, the will may be invalidated.
For a will to be valid in Illinois, state law requires at least two witnesses to be present at the time a will is signed. If this requirement is not met, the will can be considered improperly executed and therefore invalid.
2. Lack of Testamentary Capacity
For a will to be considered valid, the person creating it must be able to fully understand what is happening. They should be able to identify their property and assets, who their heirs are, and the meaning of the document they are signing.
However sometimes health issues, such as Alzheimer’s disease, can leave a person without the cognitive ability unable to understand these basic facts. When this happens, they are said to lack testamentary capacity, opening the door for a will to be challenged and invalidated.
3. Undue Influence
Those who stand to benefit from the will cannot use pressure or coercion to force the testator to make changes to their will that favor them. An example of this would be a caregiver who threatens to cease care if the will isn’t adjusted to favor them.
Courts typically look for signs of undue influence, like sudden changes to a will late in life, or the direct involvement of a beneficiary in making changes.
4. No-will Inheritance Dispute
When a person dies without a will in place, they are said to have died intestate. In Illinois, the assets of the estate are distributed according to state law. However, this rarely satisfies family members, leading to no-will inheritance disputes.
5. Blended Families
One of the biggest sources of family inheritance disputes comes from blended families.
When individuals separate and remarry later in life, estate plans may split assets between the surviving spouse and children from previous relationships. Children from a first marriage may be surprised to learn that a parent’s second spouse receives a larger share of the estate than they do.
Stepchildren may expect a share of the estate, even though they may not be legally entitled to one. In some cases, individuals pass without updating their estate plan after a second marriage, further confusing the situation.
Disputes involving blended families are particularly common in estates with significant real estate assets, investment accounts, or businesses.
6. Unequal Distributions
Even when a will is completely valid, favoring one heir over others or intentionally disinheriting someone entirely can trigger a family inheritance dispute.
For example, a dispute might be raised if one child is left full possession of the family home while others only receive a small financial inheritance.
7. Executor Misconduct
The executor is the person designated to oversee the will’s validation and distribution of the estate’s assets. This is often an immediate family member or close relative. The executor must always act in the best interest of the estate and its beneficiaries. When they don’t, such as using estate funds for themselves, disputes can be made.
8. Special Scenarios
While less likely, there are certain scenarios that can trigger a dispute.
For example, a father may leave ownership of the family home to his son, while the surviving spouse is still alive. The child may expect to take immediate possession of the home, but the surviving spouse may still have legal rights to remain in the property such as homestead rights or marital elective share. An inheritance dispute attorney can clarify rights around ownership.
How an Inheritance Dispute Attorney Can Help
No family wants to become embroiled in a legal dispute at a time as delicate as a loved one’s passing.
That’s why many families seek an inheritance dispute attorney to diffuse tense situations.
Whether you believe there is evidence of undue influence, lack of testamentary capacity, or executor misconduct, inheritance dispute attorneys are brought in to listen to your concerns and investigate the facts. They examine medical records, financial transactions, and estate documents to get a clear picture of the issues that lead to the dispute, and give you advice on how to proceed.
It’s often in the best interest of all parties to avoid litigation entirely. An attorney can lead negotiations between each party with the goal of reaching a solution that satisfies each stakeholder and avoids a prolonged legal battle.
If the dispute cannot be resolved through negotiation or mediation, inheritance litigation counsel can represent your interests in probate court.
Common Methods of Inheritance Dispute Resolution
In most situations, an inheritance dispute will move through several stages of resolution before litigation becomes necessary:
Direct Negotiation
We always recommend starting with direct negotiation between the interested parties. This is the least expensive, and fastest option for resolution.
Negotiation gives each side an opportunity to air their grievances, and attempt to come to a fair compromise. Even during this early stage, it’s highly advisable to have an inheritance dispute attorney to represent you in these informal discussions.
An attorney will help you understand your rights and position, while also handling communications with your family member’s attorney. This keeps emotion out of the matter, while the attorneys try to negotiate a settlement.
Negotiations can happen any time in the dispute, but if they are unsuccessful, many families turn to inheritance dispute mediation as the next option.
Inheritance Dispute Mediation
Mediation adds more structure to the discussion by involving a neutral third party, the mediator.
Mediators are often experienced probate attorneys or retired judges. Their role is to guide the parties towards a compromise. They’ll hear each side’s position, and may meet together or individually with both sides.
The mediator works to minimize the emotional conflict between family members and clarify misunderstandings. They review the evidence and explain how a real judge might interpret it, and propose settlement options in lieu of pursuing litigation.
However, mediation does not enforce an outcome. It simply makes a recommendation for compromise. The parties can either accept it or move further towards litigation.
Litigation in Probate Court
If negotiation and mediation fail, the final option is formal legal action in probate court. Inheritance litigation counsel will represent your position in probate court as you seek the best outcome.
Even still, the court may encourage each party to undergo negotiation or mediation to reach a settlement before going to court.
Only when there are serious accusations of wrongdoing, such as undue influence or claims of lack of testamentary capacity, is litigation immediately advisable.
Need an Inheritance Dispute Attorney in Chicago? Staza Law Can Help
Family inheritance disputes are unfortunate, but they do occur. Particularly when there are significant assets at play.
At Staza Law, we believe that litigation should only be used as a last resort in family inheritance disputes. Every chance should be given to resolve the dispute through negotiation and mediation
Litigation is costly, and takes a great deal of time. On top of that, it can create long-lasting damage to your familial relationships. It’s the line you only want to cross when there is a clear violation of the deceased’s intentions or your rights, or all other options have been exhausted.
If you’re involved in an inheritance dispute, the best first step is speaking with an experienced inheritance dispute attorney who can explain your rights and options. Staza Law has represented many Chicago area families struggling with inheritance related disputes settle amicably without resorting to litigation.
Contact Staza Law today to begin a discussion with our team about your family’s situation. We can provide the guidance you need to resolve these issues, and if necessary, represent you in court.
**Disclaimer**
The content of this blog is for general informational purposes only, and does not constitute legal advice. Please consult with a qualified attorney for advice specific to your situation.