Common reasons for estate litigation

On Behalf of | Dec 6, 2019 | Estates

Indiana residents may benefit from understanding why some estates wind up the subject of a court battle. Whether you want to avoid it for your loved ones or you find yourself in a contested estate situation, it is helpful knowing common reasons why some estates create strife.

While every situation is unique, some seem to crop up more often. The team at Smith, Carrillo & Reeder work hard to make sure your estate questions have reasonable answers. That is why it is important to bring the following elements to your attention sooner rather than later.

Unexpected changes may cause a court action

When parents pass, the emotional toll on adult children may escalate. Some family situations that may make conflict more likely during probate include things like:

  • Marriage
  • Divorce
  • Half-siblings
  • Absent children

Each of these scenarios tends to require an estate plan to change. When these revisions come as a surprise, heirs may believe they are unfair and illegal. Thus, estate litigation may wind up as the solution for some to get answers and their share of the estate.

Multiple marriages with no prenuptial agreement

When people choose to enter into marriage after divorce, the family dynamics shift. In the case of remarriage, one of the ways a person can avoid leaving behind a messy estate is by entering into a prenuptial agreement. This document holds up under court scrutiny and can delineate the couple’s wishes concerning property division, trust establishment and beneficiaries. While a prenup typically only triggers in a divorce, it will also do so if a challenge to the estate of one or both spouses occurs.

Estate probate and conflict do not have to go hand-in-hand. To review more information on how to avoid it, follow this link to our webpage.