It is an unfortunate fact that sometimes after the owner of an estate dies, the loved ones left behind are not happy with what they received – or did not receive – in the family will. Many residents in Miami can find themselves going through an estate dispute over such items as their loved one’s home, vehicles, bank accounts and personal possessions.

According to the AARP, it is increasingly common for Baby Boomers to go through probate or become embroiled in an estate dispute over unsatisfactory terms of their parents’ wills. Many times, adult siblings war with each other over what was left to them.

What exactly is probate? The American Bar Association states that probate court exists to interpret and recognize the terms outlined in a will or trust. Someone will be appointed to administer the estate and make sure the assets are distributed to the beneficiaries according to the court’s ruling. The probate process can also determine whether a will’s terms are valid or invalid. Probate can help family members interpret uncertain parts of the document in a brief amount of time, or it can help when beneficiaries are contesting a will.

Many potential scenarios exist that can give rise to an estate dispute. An adult child may feel slighted that a parent left him or her less than the other siblings received. A family member might have been under the impression that certain treasured heirlooms were left to him or her, only to have them left out of the will or designated to someone else. It can be heartbreaking for family contention to arise over the terms of a will. Going through probate might help to solve disagreements fairly and preserve family relations.

Written by Luis E. Barreto

Luis E. Barreto

Luis is a probate and guardianship litigator with over 23 years of experience in the field. Determination of heirs, will contests, breaches of fiduciary duty, removal of personal representatives, guardians and trustees are just some of the types of litigation he addresses. In addition, he administers non-contested estates and guardianships.