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When Heirs Disagree in Probate




When a loved one passes away, it is often a time of grief and a very emotional event for family members and heirs. There are times when heirs may disagree on aspects of the estate during the probate process, and when this happens it is important to have an experienced probate attorney on your side. The skilled attorneys at The Soto Law Office in Altamonte Springs are prepared to provide quality legal assistance if you find yourself in this type of situation. To learn more about your legal options, call or contact our office today.

Common Causes of Disagreement

There are many reasons why an heir may challenge a will after a loved one’s passing. They may believe that they are entitled to a larger share of the estate, or the deceased may have told them something that was not reflected in the estate plan. Some heirs are desperate for money and see this as an opportunity to get more for themselves. There may also be people who were not named in the will but who believe that they are entitled to a part of the estate. Whatever the reason, when a disagreement happens the will may be challenged during probate.

How to Resolve the Dispute

When a disagreement happens between heirs, there are a couple of different ways that it can be managed. The easiest method is to simply resolve it amongst the heirs by airing the complaints or concerns and trying to resolve them as a group. A lawyer can provide guidance in this situation and ensure that any agreement is fair and equitable.

Another method is to utilize probate mediation to settle the dispute. The heirs in dispute hire legal counsel and use a neutral third party known as a mediator to establish the problems and compromise on a solution. If mediation is unsuccessful or an heir is unwilling to engage in these options, the final method is to litigate the matter in probate court. If an issue goes to litigation, it is critical that you have a seasoned attorney by your side to protect your interests in the case.

Call or Contact Our Office

Do you have concerns about a disagreement amongst heirs in the Altamonte Springs area? If so, call or contact The Soto Law Office today to schedule a case consultation.