It is tough enough losing your loved one, but seeing what dividing their assets can do to your family can be devastating. Even so, trust and estate disputes typically come in the wake of the passing of a loved one. Whether or not they have substantial assets, these disputes can arise, and preparing for them can make navigating them easier. Considering the sensitivity of the issues on the ground, it is important that you work with a family lawyer in Georgia.
In this article, we will examine what these disputes are, what causes them, and how you can resolve them.
Why Do Trust and Estate Disputes Arise in the First Place?
The major cause of trust and estate disputes is disagreement over how to distribute the assets of the deceased. This disagreement can also be over whether or not the will or trust they left is valid. “Disputes can also arise when family members are suspicious of the intentions or actions of the executor or trustee,” says the attorney Shawna Woods of Atlanta Divorce Law Group.
A number of factors can contribute to disputes among family members over their deceased loved one’s trust or estate. These factors include, but are not limited to, the following:
- Unclear Interpretations
When there is a lack of clarity in the documents regarding the estate, there is bound to be a dispute. For example, when the language used in the will is ambiguous, there will be diverse interpretations, resulting in disagreements.
- Pre-Existing Tension
The dynamics of the family are a major factor in whether or not disputes arise when distributing the assets of the deceased.
For instance, if there has always been tension between family members, there will undoubtedly be disputes. Also, strained relationships and feelings of unfairness are major contributors to trust and estate disputes among family members.
- Questions about Capacity
If the deceased suffered mental imbalance or illness before they passed on, that can raise questions. More so, family members may raise concerns over their capacity to create a valid will. It can also raise questions over whether the deceased was coerced or unduly influenced to write the will, resulting in disputes.
- Mismanagement of Assets
If the family members of the deceased think that the trustee or executor has breached their fiduciary duty, there will be disputes. Moreover, allegations that the executor has mismanaged the assets in their care or acted selfishly can result in disputes.
Types of Trust and Estate Disputes in Georgia
Georgia’s court system has handled several trusts and estates of different forms, from will contests to inheritance disputes. Each of these types of trust and estate disputes is complex in its own way and carries unique consequences. Generally, however, here are the common forms of trust and estate disputes that arise in Georgia:
- Will Contests
Will contests arise when family members are concerned about the validity of a will. These concerns would typically be based on the grounds that the deceased was testamentarily incapable of writing the will. If they were incapable, therefore, concerns of the deceased being unduly influenced would pop up.
- Inheritance Disputes
Another type of trust and estate dispute that Georgia’s court system settles yearly is an inheritance dispute. This type of dispute occurs when there is a disagreement over who should inherit the deceased’s property or assets.
- Trust Disputes
A number of things can lead to trust disputes, including the interpretation of the terms and conditions of the trust. Also, the distribution of the trust assets and actions of the trustee can be significant factors in trust disputes.
- Probate Litigation
This type of dispute happens much later during the probate process, when the deceased’s assets are finally being distributed. A typical example is when the deceased’s family members suspect the executor of not acting with integrity.
Conclusion: Resolving Trust and Estate Disputes in Georgia
Most trust and estate disputes in Georgia get resolved through mediation and negotiation, with only a few ending up in court. Mediation and negotiation typically involve a neutral third party working with all the parties to reach a decision everyone accepts. Meanwhile, work with an estate and trust litigation attorney for these disputes, as they often involve complex legal procedures.
