What Causes Estate Disputes? Common Triggers and How to Prevent Them

What Causes Estate Disputes?

Attorneys Brenton Begley and Jane Dearwester

When someone passes away, their estate plan is meant to provide clear instructions for how their assets should be distributed. Unfortunately, that doesn’t always mean the process goes smoothly. Disputes between heirs and family members can arise, sometimes leading to costly and emotionally draining litigation.

On a recent episode of the Elder Law Report, Attorneys Brenton Begley and Jane Dearwester discussed the most common causes of estate disputes and what families can do to prevent them.

Below are some of the key issues they see in their practice and the steps that can help avoid conflict.

Lack of Communication About the Estate Plan

One of the most common causes of estate disputes is simple: family members are surprised by what they learn after someone passes away.

Many people create a will but never tell their loved ones that it exists or what it generally says. While there is no legal requirement to disclose the details of your estate plan, complete secrecy can lead to confusion and suspicion.

For example, if a will leaves most or all assets to one person—especially if other family members expected to inherit—those relatives may assume something improper occurred. They may believe the document does not reflect the true wishes of the person who passed away.

This can lead to a will contest, where heirs challenge the validity of the will in court.

Often, these disputes could have been avoided if the person had simply communicated their intentions ahead of time. Even a basic conversation such as, “I’ve created a will, and here’s generally what it does,” can help prepare family members and reduce the shock later.

Suspicion of Undue Influence

When an estate plan comes as a surprise, heirs sometimes start looking for explanations. That’s when accusations of undue influence may arise.

For instance, if one family member spent a lot of time caring for an aging parent or grandparent before their death, other relatives may suspect that person influenced the estate plan for their own benefit.

In many cases, these suspicions are unfounded. It’s common for a child or relative to become more involved when a loved one is aging or ill.

However, there are situations where individuals do attempt to manipulate vulnerable people to gain financially. That’s why estate litigation exists—to hold wrongdoers accountable when someone truly has been taken advantage of.

Still, many disputes begin not because wrongdoing occurred, but because family members feel blindsided and start questioning the circumstances.

Probate can Create Opportunities for Disputes

Another major factor in estate disputes is the probate process itself.

Probate is the court-supervised process used to validate a will and distribute assets after someone dies. While it serves an important legal function, it also creates a window of time during which disputes can arise.

Probate often lasts six months to two years, and during that time:

Heirs receive formal notice
Interested parties can challenge the will
Assets may remain in limbo until the process concludes

Because probate creates an official forum for challenges, it can feel like an open invitation for disagreements to turn into legal action.

By contrast, assets that pass outside of probate—such as through trusts or beneficiary designations—transfer more quickly and are typically much harder to contest.

This is one reason many estate plans are designed to minimize or avoid probate whenever possible.

Choosing the Wrong Executor

Another common source of conflict is the person chosen to manage the estate, known as the executor.

An executor is responsible for tasks such as:

Collecting and protecting estate assets
Paying debts and taxes
Distributing property according to the will
Managing the probate process

This role requires someone who is organized, trustworthy, and capable of handling paperwork and deadlines.

However, family members sometimes interpret the appointment of an executor as favoritism. For example, if one child is chosen to serve in this role, the others may feel slighted—even though the choice is usually based on responsibility or experience rather than affection.

In reality, being named executor is not a reward. It is a job that comes with legal duties and responsibilities.

Naming Multiple Executors Can Create Problems

Some people attempt to avoid hurt feelings by naming multiple executors to serve together. While this might seem fair, it can create significant complications.

When two or more executors must make decisions jointly, disagreements can stall the entire process. If they cannot work together, the court may eventually remove them and appoint a third-party administrator instead.

That outcome often defeats the original intention of the estate plan.

Choosing a single capable executor—or carefully selecting co-executors who truly work well together—is usually the better approach.

What About Older Wills

One of the most helpful aspects of the new law is that older wills can still be certified and stored electronically.

For example, if you created a will 10 or even 20 years ago, you can bring that document to an attorney who can certify it with the required affidavit and store the electronic version moving forward.

This provides an additional safeguard without requiring you to draft an entirely new will.

Importance of Thoughtful Planning

Many estate disputes can be prevented with intentional planning and open communication.

When creating an estate plan, it’s important to:

Communicate key decisions with family members
Choose executors carefully
Consider strategies to reduce or avoid probate
Work with an experienced attorney to structure the plan properly

Taking these steps helps ensure that your wishes are carried out smoothly and reduces the chances that loved ones will face unnecessary conflict after you’re gone.

McIntyre Elder Law Can Help

Every family situation is unique, and the best way to prevent estate disputes is to create a personalized plan that protects your assets and clearly outlines your wishes.