Expert Advice For Siblings During Estate Litigation

Expert Advice For Siblings During Estate Litigation

November 27, 2019 Off By Glespynorson

The tragic irony of life is that we begin to die the day we take our first breath. Thus, death is an inevitable aspect of life. No matter how much it occurs around us, it is a sad eventuality we cannot prepare for especially if it hits closer to home.

Losing a parent causes immense grief, sadness and uncertainty. The months after the death of a parent can be extremely stressful, and estate litigation in Robina can further add to this stress. It has the potential to cause siblings to be rivals, and most often, this relates to the distribution of assets and property.

The rivalry can be caused by one sibling not receiving as much as others, or they have been written out of the will altogether. In other cases, one sibling will have their ideas of what should be done with the property, but they are willed equally with others who do not share their thoughts. We have compiled some time-tested advice that will help avoid some common pitfalls of estate litigation in Robina with family members;

Under Your Parent’s Wishes

One of the essential points of departure is understanding why your parents decided to leave one sibling, for example, a favourite piece of property while the other got the least favoured part. It may be that one sibling is better off than the other, so they might end up receiving less.

Their decision to distribute their estate in this manner could be to ensure an equal distribution of wealth. Moreover, they could have based their choice based on the circumstances they expected or were present when they did their estate planning. It will be both practical and proactive to have a heart-to-heart conversation with your parents on this and other important matters.

Appointment Of A Trustee

Your parents should hire a professional estate litigation lawyer in Robina as a trustee when they are drafting separate wills. It is not advisable to put two people, whether they are siblings or not, to be jointly in charge of the estate.

Hiring a seasoned estate litigation lawyer in Robina helps to quell sibling rivalry. Two siblings can get along most of the time, but there will be certain occasions when they have differences of opinion. Estate litigation in Robina can be both stressful and emotional, further adding to the pressure family members may experience and the decisions that they take.

Undue Influence

You will need to discuss the issue of the will with your parents, should you feel that one of your siblings is exerting pressure on them to change their will. The best way to alleviate any tension and iron out any misunderstandings is by holding a family meeting to review your parent’s wishes.

If your parent(s) are not able or unwilling to have this conversation, it is advisable that you and your siblings meet with an estate litigation lawyers in Robina. The lawyers you have chosen will be advised that the parent(s) have not agreed to the proposed changes or do have not the capacity to make the proposed changes.

Your estate litigation lawyers in Robina will recommend the follow-up legal steps that can be taken to address this matter.

Estrangement, Disinheritance And Late Marriages

Familial discord can be caused when a parent remarries, and there is a new step-parent or a new mixed family. It can affect the estate planning process and the distribution of assets. There are a variety of reasons why parents decide to leave their children out of the will or disinherit them.

Thus, to avoid the chances of a contested will, parents should seek the services of a professional estate litigation lawyer in Robina. They will carefully draft their will or develop a trust in addition to the will. The purpose of a separate trust is that it ensures all the children, including members of the new family get an equal share of the inheritance.

Are you looking for a professional and robust estate litigation law firm in Robina? Frigo Adamson Legal Group has a team of highly experienced estate litigation lawyers in Robina who will get the results you need. Call us!