As our population ages, disputes involving end-of-life issues are becoming more prevalent. Disputes between family members can threaten a family when they need each other most, and long-held rivalries can burst open after the death or disability of an elderly parent.
At Belsito Law, we help the children of aging or deceased parents, and the parents dealing with their children’s disputes. Our lawyers can help you deal with these legally complex and emotionally draining concerns with tact and compassion, helping to preserve the estate and family relationships if possible.
We travel to meet clients who are unable to come to us.
Sibling Rivalries And Other Beneficiary Disputes
Our lawyers deal with a number of estate disputes between siblings and other family members involving:
- Contesting a will: Some disputes begin even before the testator has passed, if the family is aware of the contents of the will. There may be questions of undue influence or about the will-maker’s mental capacity. There may also be beneficiary disputes between spouses and children, particularly if there are step-families involved and children from different marriages receive different amounts. The disputes may not be just about property but about pensions and insurance benefits as well.
- Challenging a gift: Sometimes the objections are about gifts given outside of the will. Real estate given to one child, or held as a joint tenancy with him or her, may make an equal distribution of everything else in the will meaningless.
- Power of attorney issues: A power of attorney for property or personal care is supposed to protect the interests and property of a person who cannot make decisions about their own property or health. Unfortunately, it can also make them vulnerable to exploitation. Concerns about incapacity and elder abuse can make these particularly difficult conflicts to resolve. There may be disputes between the children or spouse about who has the best interests of the incapacitated person at heart.
In many of these conflicts, beneficiary rights are in dispute. There may also be obligations to people who were dependant on the deceased, or who had provided certain services or made sacrifices on the understanding that they would be compensated.
There are a number of ways to resolve these issues. We will help you negotiate for settlement or make an application to court if necessary. Our strategy will depend on your priorities regarding preserving relationships, protecting your inheritance rights or defending the will-maker’s intent.
Contact Belsito Law
Our lawyers can help you and your family resolve estate disputes. Fill out our online form, or call 905-762-1511.