No matter how carefully an individual plans for his or her incapacity or death, disputes among family members and friends can still arise. Arizona probate attorneys are aware that just a small filing fee can enable anyone to sue over the care or assets of an individual in probate court. If you find yourself in the middle of a probate dispute over the money or care of a loved one, take these steps to protect your loved one and yourself.
Communicate effectively
Start with a simple and straightforward conversation. Take the time to really listen to the other side's arguments and feelings so you can understand the true root of the disagreement. Also, share your feelings so that you can be understood as well.
Brainstorm and suggest some alternative solutions to the dispute. Be willing to compromise, while maintaining a calm and respectful tone.
Obtain the facts
Before rushing to court to file a lawsuit, gather all of the relevant facts. Oftentimes, we allow our suspicions to rule our actions. This can result in hasty actions and untrue accusations. Oftentimes, people will run to court hoping that the judge will determine the truth. However, the judges are not here to find the truth. Rather, their job is to weigh the evidence.
Consider the alternatives
Be aware how costly probate disputes can become. When family members are emotionally distraught over a dispute, the last thing they might be thinking about is money. However, the cost of the dispute could be substantial, and the outcome might not be in your favor. Take these considerations into account before heading to court. Mediation and arbitration are less costly options as well.
Do not focus on yourself
The last thing that probate judges want to hear about is how you are worried about your inheritance. The focus should be on the care or wishes of your loved one, not you. According to one Arizona probate judge, "kids aren't entitled to inheritances." Judges will look on you and your case more favorably if you are concerned about your loved one and not your own personal gain.
Source: AZCentral.com "Maricopa County Probate Court: In a family fight? You can ease the pain," Robert Anglen, Pat Kossan, & Russ Wiles, 3 October 2010
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