Not only does a family grieve the loss of their deceased loved one, but it is sometimes done while dealing with a lot of conflicts. For instance, when someone dies and leaves a substantial amount of valuable assets behind, it can cause conflict within the family. The situation becomes more complicated to resolve when a deceased loved one did not create a will or estate plan before passing away. If you are the only surviving child of your parent but other family members feel deserving of their estate, hire an attorney to resolve the conflict. Going to probate court is the best way for you to fight for your rights without arguing with your family in person.
Does Your Parent Have a Surviving Spouse?
If one of the family members who are battling you over your deceased parents' estate is their spouse, the situation can get complicated. An attorney will want to know a few pieces of information to determine what your rights are in the situation. For example, did your parents' spouse live with them on a long-term basis, or was the marriage fairly new? An attorney can determine if the surviving spouse has any marital rights in comparison to you being the only surviving child. They will also find out if there is a prenuptial agreement in place that you do not know about, which is more important if the spouse is your stepparent.
What Was Your Relationship With Your Parent?
One thing that will be considered in probate court is your overall relationship with your deceased parent. Prepare to answer questions that you might not desire to talk about, such as whether you and your parent were on good terms before their death. Knowing about your relationship with your deceased parent will help the attorney prepare for any concerns that your family might bring up. For example, your family might claim that you do not deserve your parent's assets because you did not treat them right.
Were Any Relatives Close to Your Parent?
An attorney will also be concerned about your relatives' relationship with your deceased parent. For example, did one of your relatives take care of your parent more than anyone else? Has your parent ever expressed their desire to repay your relative by making them the beneficiary of their estate? An attorney must know such information to thoroughly investigate your case, as well as increase your chance of winning the dispute.
Contact a local probate attorney to learn more.
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