Don’t Fight Over The Estate: Here’s How to Settle Disputes Fairly

Ideally, if you have a close relative pass away, they left a will that clearly explains where all of their assets will go. And in the best of cases, that will is clear and legally valid. But it doesn't always happen that way. Your relative might not have left a will, or it may be nowhere to be found. They may have left a will that contains instructions that aren't legally valid. If you are disputing with another family member about what happens next, take a deep breath and look at the following scenarios. 

There Is No Will

If there is no will, there are legal stipulations that will happen with the estate. If the person was married, their spouse inherits the estate. Things get more complicated if the deceased had children with a different partner, because those children will then receive a portion of the estate as well. If the person did not have children or a spouse, then their estate will be willed over to their parents. 

Next in line if none of these people are able to inherit the estate would be siblings. If there are multiple siblings, the estate gets split evenly between them. In case there are no siblings either, the estate goes to more distant relatives. The further you get out from the ideal situation (ie, a spouse inheritance), the more chance there is for family in-fighting over a will. But all of this should be solved by a lawyer who can decide the most legal course of action. If you don't have an estate attorney settle the matter for you, you may be looking at a lawsuit in the future and have to pay back money that was taken illegally. 

What Is Splitting Fairly?

Another issue can come up when it's not possible to split an estate fairly. For instance, one family member may argue that one person getting the real estate and one person getting the cash is fair. It may not always be a fair split to the other party. This is usually handled by liquidating everything and doing a fair cash split of the proceeds. 

Creditors Get Their Share

You may not be the one to sort out what is owed with various past debts. Parts of the estate could be claimed by creditors, for instance. The person may owe taxes or other penalties to the government. These things are all issues that a lawyer should sort out. 

Before you tear your hair out, reach out to a Russian probate lawyer. They can help you ensure the estate is properly and fairly distributed.