Orlando Probate & Estate Administration Law Blog

The loss of a parent means that children go through a wide range of emotions. They will likely experience denial and disbelief, anger, blame, depression and guilt. These unsettling emotions can manifest themselves in different ways, meaning that in many circumstances, arguments break out between siblings.

While the heightened emotions of the grieving process can add to the likelihood of disputes, there are also some situations that make the probate process and gaining inheritance even more complex. The following are some specific reasons why siblings often fight over inheritance.

Most people die with some form of estate plan in place. They may have written a simple will, or they may have extensive estate plans in place that include several trusts. However, when a person dies without any form of estate plan in place, it means that they were never able to formally state their wishes during their lifetime. This is referred to under the law as dying intestate, or simply known as intestacy.

If your loved one has recently passed away without an estate plan, the assets that they left behind must be processed according to the laws of intestate succession. The following is an overview of key things that you should know if your loved one has recently died intestate.

As the executor of an estate, you have a responsibility to the deceased party who named you as executor, the heirs and beneficiaries who will receive assets from the estate, and anyone with an outstanding debt owed by the deceased parties. In fact, failing to properly resolve someone's financial affairs is one of the riskiest mistakes an executor can make.

An executor has an obligation to resolve someone's outstanding financial issues during estate administration. If they fail to repay debts and instead distribute assets to beneficiaries with amounts still owed to private creditors or possibly taxing authorities, the executor could find themselves the focus of legal proceedings and financially responsible for those unpaid amounts.

One of the most important decisions a person makes while planning their estate is choosing someone to serve as executor or administrator. Unfortunately, people creating an estate plan may not make the most rational decisions, as their emotional attachment to someone might lead them to overlook their flaws.

The person creating the estate plan wants to believe that their loved ones will uphold their legacy. Sadly, some people are too busy or not organized enough to handle an estate, while others are simply too unethical to handle assets and resources without trying to manipulate the situation for their own benefit.