Tips To Help Siblings Resolve Probate Disputes
Sibling disputes are bound to arise after a parent dies and the probate process begins. During probate, sibling disputes can arise from various factors. Some of the main causes of sibling disputes during probate include unclear Will instructions, unmet expectations, unequal distribution, external influences, poor communication, and lack of trust. Unfortunately, sibling disputes during the probate process can have various effects, some of which may be long-term. For instance, sibling disputes can result in strained relationships and amplify grief. Disputes can result in costly legal proceedings, which can, in turn, lead to financial strain. Additionally, resolving disputes is time-consuming, which can delay the probate process. In a previous article, we shared three tips that can help siblings resolve probate disputes. These tips are;
- Using a mediator
- Liquidating assets
- Agreeing on an independent personal representative
This article shares some more tips to help siblings resolve probate disputes.
- Listen to Each Other
When disputes arise among siblings during the probate process, it is crucial that each sibling listens to others. Siblings should approach all conversations with an open mind and listen to each other without judgment or interruption. Each sibling should validate the others’ perspectives and emotions. When siblings listen to each other with the goal of understanding the rationale behind each sibling’s opinions, they are more likely to reach a compromise that works for everybody. When siblings are able to come to a compromise, it can help prevent arguments from turning ugly and causing strained relationships.
- Be Honest
Honest communication among siblings is crucial during the probate process. Honest communication can help resolve sibling disputes during probate in several ways. First, open and honest communication can clarify intentions and misunderstandings. Second, openness can help foster trust among siblings. Third, honesty reduces suspicion. Additionally, honest communication can help siblings find common ground, negotiate, and reach mutually beneficial solutions.
- Respect Each Other
Apart from listening to each other and being open, siblings should respect each other. It is important to understand that everyone has different perspectives and is attached to certain assets. Each sibling’s viewpoints should be respected.
- Create a Fair Selection System
For assets that siblings cannot agree on who should receive them, siblings may want to consider creating a fair selection system. The first strategy siblings can use is taking turns picking a desired item. By taking turns selecting an item, all siblings can choose an asset that is crucial to them. Another recommendable strategy is using a lottery system. With this option, siblings briefly describe all items on slips of paper. Then, they put the papers in a hat or bowl and draw the slips.
- Seek Legal Assistance
Seeking legal guidance is one of the most effective ways for siblings to resolve probate disputes. A qualified probate litigation attorney can help clarify complex matters and ease tensions among siblings. An attorney can interpret the Will, act as a mediator, and help siblings negotiate. They can facilitate effective communication and manage emotions during negotiations or legal proceedings.
Contact a California Probate Attorney
If you need help with the probate process or help resolving a probate dispute with siblings, contact our skilled and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a free telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
