When sentimental property leads to probate fights

On Behalf of | Oct 26, 2024 | Probate

Sentimental property, including family heirlooms, keepsakes and personal items with emotional significance, often becomes a source of in-fighting (and even formal probate disputes) after a loved one’s passing. While these items may not hold substantial financial value, their emotional weight can lead to heated disagreements among family members.

Unlike financial assets, sentimental property is often associated with a deep personal connection to the deceased. Items like family photos, jewelry, furniture or artwork can trigger powerful emotions, especially if multiple family members feel a strong attachment to the same object. These items may symbolize cherished memories or family traditions, making them irreplaceable in the eyes of those involved.

Problems can arise regardless of whether the deceased did or did not clearly specify who should inherit sentimental items. Surviving family members may argue over ownership, especially if there is any uncertainty about whether the deceased was in their “right mind” when executing instructions for how their property interests should be addressed. In other cases, a will may mention certain items, but the language might be vague or open to interpretation, leading to potentially heated conflict.

Is probate litigation appropriate?

Even if a will is in place, family members may still feel slighted or believe that they were entitled to specific items. In these cases, emotions can run high, leading to contested probate proceedings. Family members may challenge the validity of a will or claim that the deceased intended for them to inherit particular items, even if their intentions were not written down.

When disputes over sentimental property cannot be resolved among family members, probate litigation may become necessary. Sometimes, there is simply no way to reach a resolution concerning sentimental property without judicial intervention.

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