Sometimes a situation that should be a blessing starts to feel like a burden, or even a curse. When a parent or relative dies leaving property or other assets to multiple potential family members, often the fussing and feuding flares up before the funeral or memorial service is even over. Fights often break out over who gets to live in the family home, now that “Mama” or “Daddy” is gone.
Even when there is a will, folks start second guessing what their lost loved one “truly” intended. It is particularly difficult when family members suspect that the deceased had been dealing with a cognitive impairment, the beginnings of dementia, early-stage Alzheimer’s disease, or other infirmities. Some fear that another family member or non-relative with access to the person and their confidential information might have exerted “undue influence” over decisions. If family members who are left out of the will believe the gifts and bequests are inconsistent with what their loved one truly wanted, or what is best for them, the situation is ripe for trouble.
And even when there is no issue about the will or the actual ownership of a property, it can be extremely challenging for multiple heirs to get on the same page about how to divide up property, or whether to sell or hold on to it. Everyone wants to get the benefit of the gifts or bequests they were left, but they may have very different ideas about how that should happen. Disagreements arise among family members about the best means of honoring the legacy of the family members who worked for or acquired real property. When ownership has been fractionalized over multiple generations, gridlock sets in. Meanwhile the land sits unproductive and undeveloped for years or perhaps even decades.
These are delicate situations, rife with difficult emotions. Hurt or suspicion of self-dealing may damage trust, and can make communication seem hopeless or futile. Tempers flare, and family ties that once bound folks together now feel like they may choke the life out of everyone involved.
You and your family don’t have to navigate these challenges alone. And you don’t have to spend all your loved one’s assets or your own money on costly courtroom procedures with frustrating timelines and uncertain outcomes. As a trained collaborative lawyer and mediator, I can help you find more productive and cost-effective ways of dealing with familial strife—before it gets out of control.
Tell Us About Your CaseLosing a loved one is extraordinarily painful, and when questions arise about the way a deceased relative’s property is handled, or about the contents and meaning of their will, the resulting uncertainty can arouse difficult feelings and prevent closure.
While a loved one’s property is no real consolation for your loss, you may find yourself in a tense situation regarding the fair division of their assets. You or another relative may feel that the will is not reflective of what your loved one truly wanted, and may even question its validity. Or, you may disagree with the deceased person’s choice of executor, or have concerns about how that person is administering the estate and handling your loved one’s property. Sometimes a trust or business interest may be involved, raising additional legal and practical questions.
There are, of course, court procedures for contesting the validity of a will, challenging the actions of an executor, or otherwise asserting rights of inheritance. However, messy fights over estate matters tend to be costly and bitter, leaving relationships in a shambles and sometimes depleting the very assets your loved one left behind.
While we encourage our estate clients to seek fair results, and we advocate zealously for their interests, we are committed to pursuing more cost-effective and less stressful forms of conflict resolution, based upon collaborative law principles, whenever possible.
Many people hesitate to hire an attorney when an estate issue arises because they wish to keep these delicate matters “within the family.” Don't make this mistake!
Conflicts among or between beneficiaries and fiduciaries can be much more destructive without experienced and knowledgeable legal counsel in place to help family members restore dialogue with one another and make informed decisions about the realistic options before them.
Our experience negotiating creatively, compassionately, and respectfully for our clients can help families creatively problem-solve to reach a settlement that all parties can accept. And in the best of circumstances, they can even begin healing and restoring once-fractured family relationships.
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