Probate can be a stressful time for families. When someone passes away, their estate passes into probate. This normally involves going to a probate court in the state where they lived, in which their remaining property and assets will be divided among their living loved ones. If they left behind an Estate Plan, the judge will typically follow the instructions they made in that.
Either way, it can be tough for remaining loved ones. You’re already dealing with the grief of losing someone, and now you are spending time in court. It can end up being expensive, too – which can lead to loved ones turning on each other. In the midst of that high-pressure situation, here are 3 ways you can help avoid family fights in probate:
Follow the Estate Plan
The best thing that someone can do to protect their loved ones in probate court is to leave behind an Estate Plan. If your loved one did indeed leave behind an Estate Plan, you can rest easy while following it knowing that it is what they would have wanted. Maybe all of their decisions might not make complete sense to you, especially if they did not create an Explanatory Letter, but take comfort knowing that it really was what they wanted most.
Communication is Key
The best way to avoid disputes in any environment is through healthy communication. Work to make a space where people feel comfortable sharing their feelings without lashing out or imploding. Really listen to what they have to say, and consider your responses before giving them. Keeping an open communication between people is the best way to stay on the same page.
Set the Right Tone
Go into probate with an open mind and a desire to honor the legacy of your loved one. Do not go in with the mindset that you are entering a battle arena to fight your family for what is rightfully yours. In conversations and interactions with others, be gracious and forgiving as well. They are under a tremendous amount of stress and grief just like you, and they may not be as in control of their emotions as usual.
Get Through It
At Zamora, Hillman & Villavicencio, we know that probate is stressful for loved ones. That’s why we work to get you through it as quickly, efficiently, and compassionately as possible. For help with any probate issues, contact Zamora, Hillman & Villavicencio today! We believe in helping you navigate uncharted waters, and providing compassionate legal guidance during difficult times.
Zamora, Hillman & Villavicencio
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