Emotions are high any time there is an unexpected death of a family member. We have seen many times that grief, sorrow, and confusion can easily overwhelm loved ones of the deceased. In the midst of this turmoil, it is common for tension to rise between these family members, which is when disputes are most likely to arise.
This is especially true of blended families, as stepchildren may sometimes feel like the surviving parent is bleeding their biological mother or father’s estate dry, leaving them without their fair share of the estate.
Usually, this resentment is brought on by the belief that the surviving step-parent is acting maliciously or out of greed. This can be aggravated if the step-parent and step-child do not understand their respective rights.
Here are a few tips we have picked up from addressing these types of estate disputes in blended families over the years.
Understand the Deceased Parent’s Assets and How They Are Titled
Jit is important for family members to understand what the deceased owned and how the assets were titled. Children who do not understand that their parent’s bank accounts were titled jointly with their spouse may mistakenly believe that they will receive some of the assets of that account under the parent’s will. An estate planning attorney can help you understand the allocation of these assets.
Know That Not All Assets Go Through Probate
It is important to note that not all assets in an estate will be subject to probate. There are many assets (both tangible and intangible) transfer automatically on the death of the owner. The most common examples of non-probate assets include:
- Joint bank accounts
- Life insurance and financial accounts that have valid beneficiary designations
- Real estate owned with joint rights of survivorship
- Assets titled to a trust
If a surviving step-parent has access to the above items, it is usually because the deceased parent has explicitly given them the right to do so and/or they became the owner of these assets upon their spouse’s death.
Prepare to Prove Ownership
Probate assets are assets that do not have a designated beneficiary and are governed by the will. If the parent has passed away without a will in place, probate assets will be distributed according to intestacy laws.
If the deceased had a bank account or real property in their name alone, that property will pass under either the will or intestacy laws to the heirs or designated beneficiaries. With probate assets, the rights of the children and surviving step-parent are easy to determine. All that needs to be done next is to choose the person to represent the estate, hire the probate attorney, and begin the probate process.
Sometimes it is difficult to prove ownership of miscellaneous personal property, such as household items, furniture, and electronics. For example, if the parent and step-parent bought an item together, it can be difficult to determine whether it belonged to the deceased parent or their spouse.
Ask Yourself “Is It Worth It?”
Once you’ve completed the first three steps, you should be able to determine the actual value of the assets in your parent’s estate. In the event you have and your step-parent have a dispute about these assets, you should put emotion aside and determine whether it is worthwhile to pursue that dispute in court.
The best way to make a reasoned decision about potential litigation is to talk to an attorney. That’s where we step in. Contact our experienced attorneys today for a consultation.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes representing individuals, executors, trustees, investors, shareholders, and corporate fiduciaries in complex fiduciary disputes involving wills, estates, trusts, guardianships, and businesses.
