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Handling the death of a loved on is a heavy burden, and family-related battles in court only make it more difficult. There are many angles in probate law that can cause legal debate, according to attorneys at Pater, Pater & Halverson Co. in Hamilton, OH. Assets, relationships, inheritances, and other factors are complicated subjects, which is why it’s best to seek the advice of a probate lawyer if you’re facing a legal battle.

Unfortunately, many circumstances arise when loved ones pass, which require probate court intervention. Read on to learn more about the five most common issues: 

1. Disclosed Assets & Tampered Finances

Prior to a loved one’s passing, family members may tamper with finances and assets to hide them from inheritors. This can result in a lengthy legal debate about who deserves ownership. If possible, always ensure your loved ones handle these issues in their wills to avoid dispute or interference.

2. Late-In-Life Spouses Absorbing Estates

probate-lawyerIt’s been the plot of many movies: someone marries an elderly person late in their life to “rob” their estate. Unfortunately, some people prey on the elderly this way, often leaving family members empty-handed due to last-minute changes in wills. Without a definitive will or trust, legal lines become tangled, making it an emotionally painful and difficult case to navigate.

3. Local Family Entitlement

When a loved one passes, inheritances and assets can be distributed many ways. Local family members often claim they were more emotionally or physically involved with the deceased compared to out-of-town members, and therefore, deserve a larger share. A probate lawyer can examine the deceased’s legal documents to sort through everything and build a case if you’re entitled to a larger inheritance.

4. Caregiver Disputes

If the deceased failed to determine a guardian, a caregiver was likely provided by the state later in their life. Upon passing, a non-relative caregiver may receive a significant amount of assets and estate benefits from the deceased, in which case family members are likely to battle. If you feel a caregiver does not deserve or manipulated their means to receive an inheritance, a probate lawyer can explore angles to use in court.

5. Unknown Spouses & Children

When a loved one passes, it often brings extended families together. Sometimes, unexpected children or former spouses arise from hidden or previous relationships, making inheritance division extremely complicated. Estranged or stepchildren are common situations when wills are carried out, as they may feel they are entitled to something, despite not being included.

Whether you’re dealing with family law issues or want to prevent them from happening, contact a probate lawyer at Pater, Pater & Halverson Co. Call them at (513) 867-1411 to schedule a consultation, and visit the website and Facebook page to learn more.

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