It\’s never good when family disputes over property occur, but it\’s devastating when they happen over property owned by a deceased relative. If remedies aren\’t quickly found there is good chance for relationship damage or separation of the family.

If family disputes over property escalate into chaos it might be necessary to employ a professional mediator to ease tension and find resolution. Mediators are often called in to resolve differences between divorcing couples that can\’t come to terms over distribution of jointly owned property.

Death and divorce are emotionally difficult events that can lead to people overreacting or acting out of character. When emotions run high, tempers can flare and the slightest disagreement can turn into all-out war.

Divorces can get quite complicated when couples aren\’t willing to make compromises and meet in the middle. The only strategy to reduce marital property disputes is to enter into a prenuptial agreement.

Fortunately, estate planning strategies exist that can minimize potential for family feuds to take place. Most people find it helpful to talk with an estate planner to find out what type of protection they need. There are several considerations such as if you\’re married, single, or have a life partner; have minor children or adult children; types of estate assets and their value; and so on.

Estate planning specialists can offer advice for lowering estate tax and inheritance tax obligations; determine which assets need to be recorded in the Will; assess if assets should be transferred to a trust; and offer solutions to prevent inheritance wars from erupting.

As a probate liquidator I have seen countless families get into ugly arguments over who should inherit their deceased relative\’s property. Most of the time I\’m in courtrooms to buy property that has been ordered to be sold through the court. Nine times out of ten, estate assets are auctioned off to help estates cover legal defense fees associated with the Will being contested.

I can attest there aren\’t many things that can rip a family apart faster than contesting a loved one\’s last Will. There are instances when a relative is entitled to something they didn\’t receive in the Will, but in most cases it boils down to greed.

One way to counteract this problem is to insert a \’no-contest\’ clause in the Will. Basically, this statement declares that if heirs file claim against the estate they forfeit rights to any estate assets. While this method isn\’t completely ironclad it is a good preventative measure.

Another option is to gather family members together and have an open discussion. Let people write down items they would like to have. If multiple people lay claim let them negotiate until they reach an agreement.

Afterward, write out a list of property and the name of the beneficiary. Have everyone involved sign it and attach the agreement to the Will.

When arguments about property stem from divorce it is recommended to retain the services of a divorce attorney. This is of particular importance when real estate and investment portfolios are mutually owned.

Over the years, I\’ve arrived at the realization there is no such thing as a \’friendly divorce.\’ Regardless of how well the divorcing couple gets along, 90 percent of the time tempers are flaring by the time they appear in court.

It\’s tough to make good choices in the midst of mayhem. Without doubt, there are situations that require standing up for what rightfully belongs to you. On the other hand, if it means disassociating with relatives it\’s best to evaluate the circumstances and decide if family disputes over property are worthy of the repercussions.

Author Bio: Simon Volkov is a California real estate investor and probate liquidator. He shares insights regarding estate planning and offers suggestions for preventing family disputes over property; how to hire a divorce lawyer; ways to avoid probate; and more at www.SimonVolkov.com.

Category: Family Concerns
Keywords: family disputes over property, estate planning, last will and testament, divorce attorney, will