Blended families often face unique challenges when it comes to probate matters. These challenges can lead to disputes that may require legal intervention.
Understanding the common types of probate disputes that arise in blended families can help you with your estate planning.
Disputes over inheritance rights
In blended families, conflicts frequently occur regarding who has the right to inherit. Children from a prior marriage may contest a will if they believe a stepparent unfairly excluded them.
Washington’s intestacy laws, which govern inheritance when no will exists, may also lead to disagreements, as they prioritize biological and legally adopted children over stepchildren unless stated otherwise in estate planning documents.
Will contests
Challenges to the validity of a will are common in probate cases involving blended families. Disputes may arise over claims of undue influence, especially if one spouse in a blended family had significant control over the other’s decisions. Questions about the deceased’s mental capacity or allegations of forgery can also spark will contests.
Conflicts over non-probate assets
Non-probate assets, such as jointly owned property, payable-on-death accounts, or life insurance policies, can create disputes if beneficiaries are not clearly designated or if multiple family members believe they are entitled. Washington law allows these assets to bypass probate, but this can lead to confusion and contention among family members.
Disagreements about executor decisions
Executors in blended family situations often face scrutiny over their decisions. Family members may accuse the executor of favoritism, mismanagement, or breaching fiduciary duties. These disputes can delay probate proceedings and increase costs for everyone involved. Seeking guidance from an experienced probate attorney familiar with Washington state law can help protect your interests and facilitate a resolution.
Resolving disputes effectively
Probate disputes in blended families can become emotionally charged and legally complex. However, working to address those issues as you plan your estate can help reduce these issues.
