In a best-case scenario, a loved one would have left behind an estate plan for surviving family members to follow during probate. Of course, even careful estate planning may not always address every detail of an estate, or it may not account for the possibility of conflict among family members. As a result, it is possible for New York families to face probate disputes.
Though most people want their families to come together and feel close after a loved one's passing, that is not always what happens. Some individuals may have a keen focus on how the remaining property will be distributed. If siblings do not get along, certain details of the estate plan could increase the potential for strife. For instance, if a parent names one child as an executor or trustee and does not include another child, that appointment could cause conflict if the siblings are competitive.
Unfortunately, sibling rivalry is a major issue, and if they believe that a parent's choice is unfair, they may feel the need to fight against it. Hopefully, a parent will have explained the decisions made in some way, especially if the distribution skews in the favor of one child over another. Of course, even with that information, it may not stop serious legal disputes.
Estate planning is certainly important when it comes to addressing final affairs, but depending on the family dynamics, these plans may not always work to avoid conflict. If New York executors are having to address disputes during probate, they may quickly feel in over their heads. Luckily, experienced probate attorneys could help throughout the process and with any conflict that arises.