Common Reasons Estate Disputes Occur in North Carolina
Did you know that over 44% of individuals involved in estate administration have encountered family disputes over inheritances? In North Carolina, such conflicts can arise from various sources, turning a time meant for honoring loved ones into a period of contention.
Understanding the common reasons behind these estate disputes can help you navigate and prevent them effectively. If you’re involved in an estate dispute, it’s important to have experienced counsel on your side–contact the team at Schulz Stephenson Law today to schedule your consultation.
Will Contests
A significant number of estate disputes stem from challenges to the validity of a will. In North Carolina, these challenges, known as “caveats,” often arise due to:
- Lack of Testamentary Capacity: This occurs when it’s believed that the deceased did not possess the mental competence to make a valid will at the time of its creation. Factors such as dementia or other cognitive impairments can be grounds for this claim.
- Undue Influence: If an individual exerts excessive pressure on the testator, leading them to make decisions they wouldn’t have otherwise made, it can be grounds for contesting the will. Signs include sudden changes benefiting one person disproportionately or isolating the testator from other family members.
- Fraud: Allegations that the testator was deceived into signing the will or that the will was forged can lead to disputes. For instance, if the testator was misled about the contents of the will or if their signature was forged, the will’s validity can be challenged.
Intestate Succession Disputes
When someone passes away without a valid will, North Carolina’s intestacy laws determine how their assets are distributed. This often leads to disagreements among potential heirs, especially in complex family structures or when significant assets are involved. Such disputes can delay the estate settlement process and may require court intervention to resolve. It is best that everyone have a will, so as to avoid intestate succession issues.
Disagreements Over Asset Distribution
Even with a valid will, conflicts can arise over how assets are divided. Common issues include:
- Unequal Distribution: Perceived favoritism or unequal asset allocation can lead to resentment among beneficiaries.
- Sentimental Items: Heirlooms or items with sentimental value can become points of contention if not clearly assigned.
- Real Estate Decisions: Deciding whether to sell or keep family property can cause disputes, especially if beneficiaries have differing opinions.
Preventing Estate Disputes
Proactive estate planning can help to minimize the risk of disputes among family members. To ensure your wishes are clearly outlined and legally protected, start by creating a comprehensive estate plan that includes a valid will and, if necessary, other legal instruments that you and your attorney will discuss.
Open communication with family members is also important, as discussing your plans in advance can help set expectations and reduce potential surprises. Additionally, it’s important to regularly update your estate planning documents to reflect major life changes, such as marriages, divorces, or the birth of children.
Finally, ensure that you choose fiduciaries—such as executors and trustees—who are reliable and capable of managing responsibilities impartially will further safeguard your estate and help prevent conflicts.
Let Schulz Stephenson Law Help With Your Estate Planning
At Schulz Stephenson Law, located in Beaufort, North Carolina, we understand the complexities and sensitivities involved in estate planning and administration. Our experienced team is dedicated to helping you develop a comprehensive estate plan tailored to your unique needs, aiming to prevent potential disputes and ensure your wishes are honored. Contact us today to provide clarity and peace of mind for yourself and your loved ones.