Few areas of the law outside of divorce have the potential to delve as deeply into the family lives of those they touch than probate litigation. Generally judges try to avoid presiding over intra-family conflicts. But when a question arises over a questionable will change or whether a sibling or other family member is acting responsibly in their role as a personal representative the issue may have to be resolved in litigation.

Even in families that are generally close and have close bonds of trust between family members, when a family member passes away simmering issues can rise to the surface. It can be difficult to determine when a family member has a legitimate concern about the way in which an estate is being administered and when there may be underlying emotional issues that are driving the concern. It can be helpful to consult with objective individuals who are experienced in estate and probate matters.

A recent news article shared the perspective of several judges who have presided over these types of cases in their courtrooms. One compared it to sitting around the dinner table at Thanksgiving dinner, where each child is fighting over who loves mom the most. Fortunately many of these types of issues can be resolved proactively by creating a comprehensive estate plan that clearly lays out how you would like to have your estate shared among your loved ones.

Strong emotions are part of the grieving process when we lose someone we love. It is important to have a healthy way to experience them, whether it be talking with a counselor, someone who can provide spiritual guidance, or other grieving family members. Hopefully any concerns about estates and probate can be kept in their place so that families can fully support each other through their loss.

Source: Connecticut Post "Probate court cases: A volatile mix of law and emotion" Frank Juliano