Common Estate Disputes

Estate disputes occur when family members or other beneficiaries disagree on aspects of a deceased person's estate. These disagreements can arise for various reasons, including confusion, lack of communication, or perceived unfairness.  

Unfortunately, these disputes can lead to prolonged legal battles, emotional distress, and strained family relationships. To minimize these risks, it's best to address potential issues early on with a clear estate plan.  

Estate disputes can be a major source of stress and conflict for families. Whether it is disagreements over asset distribution, questioning the validity of a will, or handling debts and taxes, these disputes often arise during already challenging times.  

Our experienced estate planning attorneys at McCarter | East PLLC can help you learn about common estate disputes, how they can be prevented, and what to do if they do occur.  

Why Do Estate Disputes Arise? 

Ambiguous Wills 

A will that is not clear or specific about asset distribution can lead to confusion and misinterpretation among beneficiaries, often resulting in disagreements over what the deceased intended. This can be avoided by working with an estate planning attorney to draft a detailed and precise will. 

Unequal Distribution of Assets 

Conflicts can arise when beneficiaries feel they have been treated unfairly or that the distribution does not reflect the deceased's intentions. To prevent this, communicate your intentions clearly and provide explanations for any unequal distributions in your estate plan. 

Lack of Communication 

Misunderstandings and disagreements can occur when beneficiaries or other individuals are not informed about the contents of a will or are unaware of the reasoning behind certain decisions. Open and honest communication about your estate plan can help prevent these issues. 

Power Struggles Among Executors or Trustees 

Disputes can arise when multiple individuals are appointed as executors or trustees of an estate. Differences in opinions, priorities, or management styles can lead to conflicts and, possibly, inefficiency in administering the estate. It’s important to choose executors or trustees who can work together harmoniously or appoint a neutral third party to manage the estate. 

Contesting the Validity of the Will 

Challenges to a will's validity can instigate serious disputes. Beneficiaries may question the deceased's mental capacity at the time the will was made, suspect undue influence, or believe that the will was not executed properly. To avoid risk, have the will witnessed or notarized and make sure it complies with legal requirements. 

How to Create a Solid Estate Plan 

Setting up a well-crafted estate plan can often help prevent many common disputes and provide direction to your executors or trustees for how you want your estate to be administered. The primary steps for setting up an estate plan include:

1. Draft a Clear Will 

A clear will includes details about asset distribution, guardianship for minor children, and any other important issues. Consider including a residuary clause to account for assets that are not specifically mentioned in the will. An experienced attorney can help you design a legally sound will that has no room for misinterpretation. 

2. Update Your Estate Plan Consistently 

Your estate plan should be regularly updated to reflect any changes in your life, such as births, deaths, marriages, or divorces.  Failing to update your plan can cause disputes, especially if beneficiaries are excluded or added without proper documentation. Keeping your estate plan in line with changes in laws and regulations also ensures it remains valid and effective. 

3. Appoint a Trustworthy Executor 

Appointing a trustworthy executor is necessary for the smooth administration of your estate. Choose someone responsible, organized, and capable of handling the various tasks involved. Provide clear instructions to help them carry out their duties effectively and grant your executor access to important documents and financial information so they can manage and distribute your assets efficiently. 

4. Plan for Incapacity 

Planning for incapacity is an important part of a robust estate plan. This may involve giving powers of attorney for financial and healthcare decisions. You may be able to minimize family disputes by appointing trusted individuals to make decisions for you if you're unable to do so.  

5. Communicate with Your Beneficiaries 

Communicating with your beneficiaries about your estate plan can avoid misunderstandings and disputes. Your loved ones should know about your estate planning decisions, the reasons behind them, and any expectations you have for the future. Transparency can create a sense of fairness and understanding, making it easier for everyone to honor your wishes. 

Estate Planning Laws in Tennessee 

You should be aware of Tennessee estate planning laws to ensure that your estate plan is valid and legally enforceable. Here are some noteworthy points: 

Inheritance Laws 

Tennessee inheritance law allows both testamentary and living trusts, which can help streamline the distribution of assets and reduce potential disputes. The state also follows the laws of intestate succession, which determine how assets are distributed if someone dies without a will.  

Additionally, Tennessee’s elective share statute allows a surviving spouse to claim a portion of the deceased’s estate, regardless of what is stipulated in the will. 

Probate

Probate is the legal process through which a deceased person's assets are distributed and debts are settled. The probate process in Tennessee typically begins with the appointment of an executor or administrator to oversee the distribution of the estate's assets and the settlement of any debts. This process can take several months and involves validating the will, inventorying the deceased's property, and notifying creditors and beneficiaries. 

Contesting a Will 

Tennessee law specifies the grounds on which a will can be contested. These include lack of testamentary capacity, undue influence, fraud, or improper execution.  

In Tennessee, as in most other states, the burden of proof lies with the person contesting the will. They must provide sufficient evidence to support their claims. Tennessee courts take will contests seriously and will thoroughly investigate any allegations. 

Speak With a Tennessee Estate Planning Attorney  

Our attorneys at McCarter | East PLLC, are known for their straightforward, concise, and business-focused approach. We understand the complications of estate disputes and are committed to helping our clients protect their assets.

If you're in Murfreesboro or Woodbury, Tennessee, and need assistance with estate planning or dispute resolution, reach out to McCarter | East PLLC. We’re here to provide the guidance and support you need.