Recently, the public has been privy to some bitter estate battles, but what are the main reasons families fight over estates? The dynamic between a local sibling who helps support an aging parent and a distant sibling can naturally make the local sibling feel entitled to more from that parent, which can lead to claims of undue influence and continuous litigation. Further, a late-in-life spouse or caregiver can also spur tension between the decedent’s family, resulting in disputes for those that stood to inherit and claims of undue influence. Other estate battles can stem from blended families, those who have more than one marriage with children from previous marriages. If a decedent leaves all assets to their spouse, then the spouse could, at some point, become separated from the stepchildren after the decedent’s death, which could prevent them from benefiting in the estate. Accordingly, estate planners should help their client’s prepare for potential fights and consider all non-probate assets in addition to the will.
See F. Skip Sugarman, Five Reasons Families Fight over Estates, Wealth Management, January 30, 2017.
