5 Options to Avoid an Estate Dispute — beneficiaries, heirs, listen up

So, there is an estate dispute going on and you are wondering if you need to get involved. Do you hire a probate litigatorand get involved in the probate or can you avoid it and not be harmed financially?  Maybe someone filed a Florida will contest in the probate of your late rich Uncle from Jupiter, Florida.  Or, perhaps there is a trust contest over your mom’s revocable living trust amendment which reduced your cousin’s inheritance or trust distribution.  Well, knowing whether you should participate in an estate dispute can be a tough call, so here are 5 options, or pointers, for family members, surviving spouses, heirs and next of kin, to consider, when trying to decide if you are going to get in on the “Probate War.”  Oh yes, if you are a beneficiary of the trust or the will, you may also want to read this probate commentary.

5 Options to Avoid an Estate Dispute

Most family members find that estate disputes, fighting with family members over blood, money, trust accounts and personal property, is very expensive and also stressful.  After all,  you’re a civilian and you don’t do this all day like a probate litigation law firm Palm Beach Gardens.

1. Find allies.  Are there other beneficiaries, heirs,  or even a trustee of a revocable living trust, or a family trust, who are alligned with you?  Consider teaming up and working together.  Why?  There is strength in numbers, you can split or share the fees, and it’s easier for the probate court judge to see who is on who’s side.  If yourinheritance rights are the same as, say, a brother or sister, or if you and your dad’s 3rd spouse, both want to “fight” someone from being the executor of the will, consider how a “probate partnership” can help you.
2. Is someone already fighting for you?  In a typical will contest Palm Beach, someone is trying to over turn the will, right?  So, the executor of the will, called the Personal Representative of the estate or the Palm Beach probate, typically is charged with “defending the will.”  Same thing for a trust contest, or trust challenge, right?  If the trustee of mom’s revocable trust Palm Beach Gardens is defending the trust lawsuit challenge, consider whether you need to hire a trust litigator and pay for him or her.  Butbe cautious:  deciding not to take a stand and not be heard, not hire your own trust litigator, does have limitations and downsides.  Know them before you let someone else fight  your probate dispute or estate lawsuit.
3. Avoid trouble makers.  Likewise, consider avoiding trouble makers. Consider NOTteaming up, or joining forces with, the “crazy” relative or trust beneficiary who is the conspiracy theorist and sees thiefs around every corner of your dad’s probate or mom’s trust.  This may sound easier than it is in practice.  You may want ,or desire, to “get in the game” and be attracted by the emotions or energy of the “trouble maker.”  But if that trouble maker has baseless allegations or claims which are not based on Florida probate law, the Florida probate rules, or , ahem… the facts, that means you are exposing yourself to trouble.  Be cautious, beware. Remember, in probate disputes, particularly in Florida probate courts, there are fee shifting statutes which means that the losing party may have to pay the winning side’s attorneys fees and costs. Choose wisely; there’s money on the line.
4. Do the math. Consider: what is your best day in probate court if you win the probate trial and what is your worst day in probate court Palm Beach if you lose the estate trial?  Run the numbers and ask your probate litigator to assess a risk factor to winning or losing.  If you don’t come out better why get involved in a lawsuit , right? Count your dollars and assess risk to that will contest or probate dispute Lake Worth. Probate litigation law firms West Palm Beach are expensive.  Spend your legal dollars wisely.
5. Mediation.  Consider getting an experienced, tough, knowledgeable probate mediatorto get everyone one in a conference room to discuss estate dispute Boca Raton and resolve.  Knowing the right time to mediate a will challenge, or probate lawsuit, may be the key, so that you have leverage and can negotiate with strength.

Question:  Do you know how to build strength and bargaining position and superiority for your Palm Beach estate dispute?