Losing a loved one tends to disrupt family dynamics. Grief can manifest in a variety of ways, including blaming each other or withdrawing from relationships. Family members often try to support one another but may struggle to understand each other’s emotional reactions, as everyone processes grief differently.
Occasionally, there can be complicating factors that can intensify family disputes and could potentially cause irreparable harm to family dynamics. Probate litigation initiated during estate administration could potentially cause permanent damage to family dynamics and could forever change how people relate to one another.
What do those preparing for probate litigation need to know about the process ahead?
Disputes can quickly become personal
Conflicts about estates are common, and they can do lasting damage to previously strong relationships. Siblings may never forgive one another for actions during the administration of a parent’s estate, for example.
Probate litigation, even when initiated in good faith, can consume thousands of dollars of estate resources rapidly. Those expecting an inheritance may resent receiving less because the estate had to cover litigation expenses.
The emotional dysregulation that often accompanies grief may lead to people using very harsh language when expressing their emotions regarding probate litigation. The way they communicate with one another can lead to hurt feelings, which may ultimately worsen the alienation and relationship harm that follows probate litigation.
Probate litigation might be the result of legitimate questions about estate planning paperwork. People who believe that a family member lacked testamentary capacity or was influenced by an outside party might ask the courts to review the situation and set aside a will. The people accused of misconduct or at risk of losing an inheritance often resent litigation intended to challenge an estate plan.
Other times, probate litigation may focus on issues with the administration of the estate. Those expecting an inheritance may question whether a fiduciary has competently fulfilled their obligations. The personal representative or executor may resent others blaming them for issues with the estate.
Obviously, those accusing a personal representative of incompetence or a breach of their fiduciary duty may find that their relationship with that person is never the same. They may also experience setbacks in their relationships with other family members as well. People often resent those whose actions may diminish what they inherit.
People who understand what contributes to family conflicts during probate and the impact that the choice to take legal action could have on their relationships may be able to pursue or respond to probate litigation more effectively. Those who take legal action can minimize relationship damage by communicating effectively with their loved ones about a lawsuit while simultaneously avoiding common pitfalls, such as letting emotions dictate how they communicate.