Resolving Estate Disputes

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Battlefront Legal in Las Vegas and Reno resolves its estate disputes with its team of lawyers and forensic accountants. When it comes to finding a solution for your estate dispute, it puts the client first.

Don't let your estate dispute get in the way of your family. Learn how to resolve an estate dispute:

What Is an Estate Dispute?

An estate dispute is a legal process determining who inherits the property of the deceased person. The heirs of the individual are typically their spouse, children, parents, siblings, or grandchildren.

There are two types of estate disputes: probate and non-probate. Probate implies that the death happened without leaving a will, so it is necessary to go through an estate dispute to determine who receives the deceased person's property. Non-probate implies that there was a will that specifies how to distribute their property. So, an estate dispute doesn't need to happen even if there are disputes between family members over an inheritance.

How Does Probate Work?

Probate is the legal process, in which a lawyer transfers an estate of a person to heirs. It also holds all the assets that the deceased individual has left behind.

There are many reasons for someone to go through probate after death. The most important reason is if an heir cannot collect on the inheritance because they are under 18 years of age. Your lawyer can do it if someone has an outstanding debt with the state or if you have any other dispute over the estate after the death of the deceased individual.

The Most Common Causes of Estate Disputes

An improper distribution can cause an inheritance dispute of assets or by a will that leaves out someone who you loved or cared for deeply. The refusal of an heir to accept the inheritance can also cause an estate dispute.

Estate disputes are often the result of a lack of communication and trust between the heirs:

The most common causes of estate disputes include:

  • Misinterpretation of the will, such as mistakes or omissions;

  • Mistakes in the information of the beneficiaries (name, address);

  • Mistakes made by executor/attorney;

  • Lack of trust among family members.

How To Resolve Estate Disputes

In the process of an estate dispute, parties typically go through three steps- mediation, mediation with a private judge, and litigation.

Mediation. A mediator is an independent third party who helps two people resolve their issues without going to court. The court or agreement between the parties themselves can appoint mediators. There are various forms of mediation such as financial, employment, family law, child custody, etc.

Mediation with a private judge. If parties agree, a court order can appoint a private judge to mediate or adjudicate an estate dispute to settle with the parties.

If your estate is complex and many heirs are involved in the dispute, then litigation may be appropriate if other methods don't work for your situation. If you decide to go the route of litigation, then you will need to hire a lawyer. Make sure that you work with a reputable one as they will know the intricacies of your case and how it affects your future.

If you're looking to avoid long estate dispute processes, Battlefront Legal in Las Vegas and Reno is a perfect choice. It dedicates itself to swiftly resolving your matter.