Protecting Your Legacy

Handling disputes among beneficiaries during probate proceedings

On Behalf of | Jan 20, 2025 | Probate & Estate Administration |

The average estate has multiple beneficiaries. Testators planning their legacies often leave resources for their spouses, children, grandchildren and even their close friends. Some people may also leave resources for charitable causes or religious institutions. Ideally, everyone receiving property from the estate has a sense of gratitude and can patiently wait to receive their inheritance. Probate proceedings can take months or longer than a year in many cases.

Unfortunately, beneficiaries sometimes find themselves at odds with one another. Perhaps family members question whether bequests to friends or charitable organizations are appropriate. Maybe the children of the decedent are their main beneficiaries, and they begin fighting over specific resources or the validity of the estate plan.

How can personal representatives overseeing the probate process in Texas help resolve conflicts among the beneficiaries waiting for their inheritances?

With transparent communication

The sooner a personal representative communicates with beneficiaries and the more transparent they are about the estate plan, the easier it may be to avoid or quickly resolve beneficiary conflicts. When everyone has the same information, they can align their expectations with reality.

Sometimes, testators fail to advise family members of their specific wishes, which can result in anger and disappointment regarding the inheritance they receive. Other times, beneficiaries may believe another party engaged in misconduct that could affect their inheritance. Reviewing the estate plan thoroughly can either strengthen those suspicions or help put them to rest.

With fair and honest estate administration

A personal representative could very easily exacerbate the conflict among beneficiaries. If multiple beneficiaries perceive the situation as unfair, possibly because the personal representative gives one beneficiary preferential treatment, that may increase the likelihood of probate litigation occurring.

Typically, personal representatives have to set their own feelings about the family and individual beneficiaries aside. It is their job to administer the estate in accordance with the instructions provided by the testator and state statutes. Any misconduct on the part of a personal representative, including overt displays of favoritism, could potentially exacerbate conflict among beneficiaries.

In some cases, a calm and measured response to conflict can help those fighting over an estate overcome their disagreements. Other times, personal representatives may need to prepare for the likelihood of probate litigation. They may benefit from having an attorney represent them and the estate during that process to ensure they don’t end up accused of misconduct or held liable for the choices they make during the probate process.

Realizing that conflict is likely and preparing to weather it with grace can take some of the risk out of the probate process. Personal representatives can often help families overcome conflicts as they move forward with estate administration after someone dies.

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