Disclaimer

Deborah Cole often says that handling estate and trust disputes has made her a better estate planner. One very complex case provides a strong example of why everyone needs to make provisions for the distribution of their assets after death. A divorced mother of three adult children died, leaving no will. The daughter who was wrapping up her mother’s affairs never deeded out the property to herself and her siblings. This daughter’s husband worked hard for many years, maintaining the property and renting it out. Eventually he wanted to sell the residence and land, and he felt entitled to 100 percent of the proceeds. However, legally, he was entitled only to a very small share because his wife had died without a will. Deborah led the complicated process of identifying heirs who had been produced from many different marriages and relationships. Eventually, a grand total of 18 heirs were identified and located. After many months of meetings, phone calls, and cajoling, Deborah was able to get all heirs to agree to and sign off on the sale of the disputed property. Had the family originally had an estate plan, such difficult, protracted proceedings could have been avoided entirely.