Another passing, another estate or probate dispute
Media reports of discord between Dolly Parton’s nephew, whom she apparently trusted to run her security operations and to announce her passing, demonstrate that in addition to death and taxes, estate and probate disputes should be added to the list of the unavoidable, at least for those who pass away leaving any significant assets.
When even a very wealthy and beloved icon, who has long been adored by millions of people (some of whom agree on little else), makes headlines after her passing on account of a court filing requesting urgent relief against a relative less than a month after her passing, the inevitability of probate disagreements becomes all too painfully evident. In other words, here we go again – another passing, another squabble.
In my work as a litigator, I did not set out to include trusts and estate litigation in my practice. But I had enough parties, opposing and otherwise, pass away during cases to learn how to open estates. That led to involvement in other probate disputes, as many litigators shy away from probate disputes due to the varied and sometimes complicated procedures in probate courts, while those who typically handle straightforward probate administrations often do not have the desire nor training to handle all-out contested courtroom battles. I do not draft wills, trusts, or other documents transferring interests in property at death, but, after the fact, I see the detritus of decedents’ intent gone amok.
If there is one message that I wish could be imparted to clients of those attorneys who do prepare trusts, wills, and the like, it is this: No, your heirs/loved ones will NOT likely all get along after you pass away. Therefore, that assumption should not be made. It is especially dangerous when it is used as a basis to leave a family property to multiple adult children without an established or workable buy-out clause, for example. Having been in the middle of multiple disputes between heirs about what to do with family property, I have too often seen the rancor that poisons relationships between an heir or heirs who want to sell and cash out, on the one hand, and sentimental heirs who want to retain property in the family, on the other. Sometimes, property disputes turn deadly.
‘Horrific scene’: NY man killed 4 family members, self in will dispute
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In the Parton case, the recent filings are said to allege concerns that the estate contends necessitate security protection for other family members, though the allegations are likely be disputed, if there haven’t already been opposing filings. While Dolly Parton’s holdings are likely large enough to tempt even otherwise happy families into court disputes, it really does not take all that much to set off family fireworks when a person passes. A house, a treasured piece of clothing, even a photo album – literally anything can be the lightning rod that causes descent into chaos in an estate.
In cases in which the decedent married after a divorce from or death of a spouse with whom the decedent shared children who are now grown – in other words, in step-parent cases – the odds of a massive dispute are even higher. There is often very little love lost between step-parents and adult step-children, and once the person who linked these unhappily affiliated individuals passes out of the picture, all heck is all but certain to break loose. (Cinderella may have been a fairy tale, but there is a reason that it still resonates centuries later.) There is nothing like a combination of possessiveness over personal property and long-held emotional grudges to fuel a dispute in which otherwise sane people sink to new depths for human conduct.
The moral of the story? When people talk to their estate planning attorneys, they should not make blithe assumptions about the unity and spirit of togetherness they imagine may prevail among their heirs and kin in the days following their passing. Sadly, they should assume the contrary: that their passing may perversely cause long-standing disputes to come alive and spill into court, compounding tragedy upon tragedy. It is beyond my practice area to devise ways to attempt to guard against these disputes, but their possibility should not be discounted. If there are any assets worth fighting about, the potential for disputes should be anticipated.
-April Barker
The comments on these pages are the general opinions of the author, do not constitute legal advice and do not create an attorney-client relationship.
