One thing that significantly increases the odds of a dispute between family members after a parent passes away is if that parent did not have an estate plan. This can lead to numerous conflicts and disputes between surviving family members and beneficiaries.
The problem is that these beneficiaries do not have any guidance. They have to make decisions based on what that person would have wanted, but they may not see eye-to-eye on these issues. When two people firmly believe the elderly person would have wanted a different outcome, it can lead to long-term disputes.
The division of sentimental assets
Even if financial assets can be split up equally, things can become complex regarding family heirlooms or other items with sentimental value.
For example, say that an elderly parent owned a vacation property. One beneficiary believes that they would have wanted the property to stay in the family and that everyone should be joint owners. Another beneficiary thinks that it is unaffordable and that the property should be sold so that the proceeds can be divided. Without an estate plan, they do not actually know what the elderly individual would have wanted.
Making medical decisions
Issues can also arise when family members have to make medical decisions for an elderly person who has become incapacitated. One person may believe that they would want to be kept on life support, for instance, while another believes that is something they never would have wanted. Without a living will or other advance directives, the family has to guess about their preferred medical care, and this can certainly lead to disputes.
For all these reasons and more, drafting an estate plan is a very wise step to take. It is important to know what legal options there are to set up an appropriate plan and provide adequate guidance.