Family Fireworks: When a Last Will and Testament Becomes Contested

Even the most congenial of families can fight like wolverines when a
Last Will and Testament is contested. For this to happen, they don’t
have to be from Michigan.

A Last Will and Testament is a legal declaration by which a person
names one or more people to manage their estate and provides for the
transfer of property upon death.

Death is inevitable. But a careful choice in selecting an executor
is seldom a given, especially where property and money are involved.
During life, families may seem to get along fine, but the mixture of
the death of a loved one, considerable property to be disbursed, and an
executor who seems unfair or biased -- can be a recipe for conflict.
The living, prior to their passing, don’t always write out their wishes
in clear and concise ways. If there is uncertainty in a family about
what might occur upon the death of a patriarch or matriarch, for
instance, the atmosphere following death can become an emotional war
zone.

Family dynamics can disintegrate into shouting and resentment. Such
family “fireworks” have little to do with the 4th of July, and can have
long-lasting impact upon family relationships. Seemingly devoted family
members fighting like wolverines don’t require an alumni card from the
University of Michigan.
Unresolved disputes can result in a will contest. That contest can take
on a life of its own, with potentially grim consequences for family
harmony. Emotion often outshines logic in these contests. Where
disputes occur, the litigation process can stretch out seemingly
forever and become very expensive. For this reason, when preparing your
Last Will, serious thought should be given to the selection of the best
person to serve as one’s executor.

The best executor is one that approaches his or her duties
professionally, with tact, with due regard for family dynamics, and
with professional guidance from a knowledgeable attorney. If a will
contest nevertheless does occur, at least it should then be grounded in
a semblance of law and fair play. For this reason, it is important to
choose the best person to serve. If you or someone you love is named as
an executor, it is imperative that you engage a knowledgeable attorney
early on in the probate process in order to help manage the
proceedings, mediate expectations, lend assistance and guidance to the
executor, and hopefully minimize family friction. By doing so, you just
might preserve the very loving family of which the deceased was so fond.

Gene Osofsky is an East Bay elder law attorney in California. Gene
Osofsky specializes in Medi-Cal planning, wills, probate, trusts,
nursing home issues, special needs planning, and disability planning.
To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.