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Estate Conflict Representation

KENTUCKY ESTATE CONFLICT RESOLUTION ATTORNEYS
Conflict arises in all areas of our lives. Whether it be a dispute involving medical care, an injury someone sustained at work, or a dispute between family members regarding the property included in a loved one’s estate, conflict creates a stressful environment that leaves people feeling helpless and with very few options.

In times of need, you deserve the assistance of attorneys that have experience in both estate planning, which involves the creation of an estate as well as probate proceedings, in addition to conflict resolution experience. Goeing Goeing & McQuinn is a law firm that can provide you with that all-around service you are looking for.

COMMON ESTATE CONFLICTS
There are unlimited potential conflicts that may arise when an estate is being disputed. The list below lays out some of the most common disputes that leave family members in shambles, whether it is because they are fighting amongst themselves, or fighting with creditors.

  • Contesting the Validity of a Will: examples include (1) whether the testator (person writing or making the will) had capacity to do so; (2) the true intent of the will; (3) whether the will was written by fraud, duress or coercion; and (3) whether the will is valid under Kentucky law
  • Creditor Claims Against the Estate: there may be creditor liens on estates if the decedent had debt at the time of his or her death; for example, this may include judgment liens that creditors win in court
  • Disputes Regarding Inheritance: heirs and beneficiaries may disagree as to who is owed what; such disputes can tear families apart
  • Disputes About the Estate’s Personal Representative: if heirs and beneficiaries do not like how the personal representative is managing the estate, then these individuals may challenge to have the personal representative removed

When disputes arise, it is essential to have legal counsel on your side to help guide you through the process of resolving any conflict. Fighting in court with family members can ruin your relationships and this is never a desirable way to resolve any dispute. While going to court may be inevitable and the only option in some circumstances, dispute resolution outside of the courtroom is a much better way to resolve estate conflicts.

ALTERNATIVE DISPUTE RESOLUTION FOR ESTATE CONFLICTS
Just as with all disputes, the resolution process involves a variety of options, including negotiation, mediation, arbitration and potentially litigation as a last resort. Negotiation, mediation and arbitration fall into the category of “alternative dispute resolution,” also commonly known as simply “ADR.” The summary below describes each of these types of resolutions in regards to estate conflicts. Our Estate Litigation practice area page will provide you with further information on litigation as a method of conflict resolution.

  • Negotiation: this method of dispute resolution should be the first step to resolving disputes regarding an estate. If you retain counsel and you are having conflict with another heir or beneficiary to the estate, or if you wish to challenge the personal representative’s capacity to manage the estate, your attorney can work directly with the other party’s attorney to come up with an equitable resolution. Negotiation will keep you out of court and minimize the cost of potential litigation. This method is a good way to quickly settle any disputes regarding the estate in question.
  • Mediation: this method is similar to negotiation, however, it differs in that the parties can talk to each other directly with the help of an impartial mediator. The mediator is present to help the parties discuss the conflict and come up with ways to resolve any issues. In the end, it is the parties that make the ultimate decision, and not the mediator.
  • Arbitration: this method is similar to a court proceeding, but is quicker and the parties can choose the arbitrator who will make the final determination. Arbitration can still be costly, so negotiation and mediation should be considered as possible estate conflict resolution methods first.

HOW TO AVOID ESTATE CONFLICT RESOLUTION
There is never a guarantee that conflict can be avoided. However, if certain measures are taken, it is certainly possible to minimize the threat and possibility of conflict resolution.

First, if you have a will, you should ensure that it is valid, and your true intent is voiced in the will. Specifically list out who the heirs and beneficiaries are, what they are to receive so that any dispute could be easily resolved by looking at the will, and interpreting your will after the time of your passing when your estate is being administered and settled.

Second, make clear what debt you owe. List out all of your creditors and do your best to pay off as much debt as you can. Leaving mountains of debt is not always avoidable, but the less debt you have, the much better off you and your family will be once your estate is probated.

Third, choose an Executor you trust. You can name this person in your will. If you don’t name an Executor, a court will appoint one. Disputes tend to arise more when a court must appoint an Executor. If you have the Executor chosen ahead of time, you can have peace of mind in knowing that your estate will be managed and administered by someone who you know will look out for the best interests of your heirs and beneficiaries.

CALL US TODAY FOR YOUR FREE CONSULTATION WITH GOEING GOEING & MCQUINN
Estate planning is a stressful process in itself. However, when conflict arises, whether it is between family members, creditors, or other parties, the stress level rises even more. When conflict occurs, you need the help of Goeing Goeing & McQuinn, a small firm consisting of four dedicated and skilled estate planning attorneys. Our attorneys have litigation and conflict resolution experience in addition to estate planning experience, so with their combined knowledge, our attorneys offer the best representation possible, no matter how difficult the challenge. To schedule your free consultation with one of our attorneys, call Goeing Goeing & McQuinn today at (859) 904-2045.