What You Need to Know About Inheritance Disputes in Florida

If you’re involved in an inheritance dispute in Florida, there are a few things you should know. Inheritance disputes can be complex and emotionally charged, from will disputes to trust disputes and more, so it’s important to have a clear understanding of the law. This blog provides some basic information about family inheritance disputes in Florida, including common disputes and when to get a lawyer involved. When you need a lawyer, look no further than Avera and Smith, the best Gainesville attorneys for estate, will, trust and inheritance disputes. We listen to your situation and lay out a plan for winning your case, helping you through the process every step of the way. 

Important Terms

When discussing inheritance, there are a few key terms to know. 

Will: This is a legal document that directs the distribution of assets to beneficiaries after death. 

Trust: A trust allows the transfer of assets prior to passing, including the division of assets to whom, and when they are distributed. 

Estate: This entails all of the money and property owned by someone, particularly at the time of their passing. 

Inheritance: Any asset that is passed down or distributed to a beneficiary after the owner passes. 

Executor or Personal Representative: A person who is responsible for handling an estate upon a person’s passing. 

Will disputes and trust disputes are more common because it’s up to the executor to handle all of the final wishes. If clear instructions are not left behind by a loved one the job of the executor can become much more complex – especially when disputes arise. 

What is an inheritance dispute?

Inheritance disputes can take many forms, but they all stem from money or assets that are left behind when a loved one passes away. In the ideal situation, the loved one leaves a clear will and/or trust that outlines how much of their estate certain individuals will receive and they communicate this frequently with all involved prior to their passing. However, when unexpected situations occur, or if a will or trust is not in place, it means that some beneficiaries may feel left out or like they were treated unfairly or unequally. Since most beneficiaries are relatives or close friends, each dispute should be treated carefully and appropriately to try and preserve family relationships. 

Let’s take a look at some common inheritance disputes and when a lawyer should be consulted.

Executor Bias

When a loved one passes they may have identified an executor of their estate or trust. This is usually a family member or close friend, though it can also be a professional executor. It becomes their job to handle the estate and its assets once the owner passes. If during the course of the role the executor shows favoritism to one beneficiary over another, or to themselves over the other beneficiaries, the other named heirs can take them to court. If this is happening in your situation, get a lawyer involved early. A lawyer will move to protect your rights and interests in the estate, trust or will so that your inheritance is safeguarded. 

Co-Executors

If there are two executors on an estate, they are co-executors. They need to communicate clearly and often, and being on the same page with decision making is crucial. If an issue arises between the co-executors that they are unable to resolve, it can have implications for all beneficiaries so it’s important to get lawyers involved to arrive at a compromise. 

Preserving the Value of the Estate

Since the selling of assets within an estate or trust is what leads to inheritance distribution, it’s important to preserve the value of the estate. For example, if a home is part of an estate a conflict may arise between those who want to use funds within the trust for renovations prior to sale in hopes to drive up the home’s price, and those who do not want to use funds in this way. Though intentions may be good, an estate is not meant to be profited from. It is, however, the executor’s responsibility to preserve the value. If estate funds are being used to attempt to make a profit from the estate and clear communication is not working between beneficiaries and/or executor(s), getting a lawyer involved can preserve and protect the value of the estate as well as your inheritance. 

Theft

When a loved one passes, everything in their ownership becomes part of their estate. Everything in it goes toward the total value of the estate, too. Therefore, if an item is removed from an estate prior to distribution, for example a family heirloom jewelry piece that a beneficiary thinks now belongs to them, it can be considered stealing. Sometimes these are minor matters, or there may be a list of what goes to whom in the will. However, until this is uncovered and legally reviewed, it’s best not to take any items from the estate. If it does occur and clear communication does not resolve the issue, get a lawyer involved. 

Shared Property

Sometimes, an inheritance can result in the property being distributed to two or more beneficiaries. This is called shared property. In this event, the beneficiaries may own and run it together, or one beneficiary can buy the others out (or buy out a beneficiary they don’t get along with). With this type of inheritance, it’s best to get a lawyer involved early to fully understand your options. A lawyer can also help if any disputes arise. 

When a loved one passes, it’s important to take time to grieve and to preserve family relationships. When a family inheritance dispute arises, whether in the form of a will dispute, a trust dispute or something more, contacting an attorney early can be key to preserving the value of the estate and your inheritance. Gainesville attorneys Avera and Smith are the area’s experts in these disputes, and they are well prepared to handle will and trust disputes in Gainesville, Florida. Contact us today for a free consultation.