My father died and left me two properties. Now his former business partner claims a verbal agreement entitles him to half. Could he be right?

While the exact details can vary by state, verbal contracts are generally not easily enforced. And a verbal contract will almost never outweigh a notarized will because courts require clear, documented evidence to override a deceased person's written will — and a stranger's recollection of a conversation generally won't meet that requirement.

How to avoid inheritance disputes

Stories like Marcus's are more common than you'd think. However, there are proactive steps you can take to prevent your heirs from facing similar challenges.

Work with an estate attorney

A will drafted by an estate attorney carries far more weight than a handwritten one — and far more than any verbal promise. An attorney can also flag potential complications, like outstanding business relationships, that could lead to disputes down the road.

Put every business agreement in writing

If you're dissolving a partnership, selling an asset, or making any kind of financial promise, document it. Signed, dated agreements eliminate ambiguity and protect everyone involved.

Keep your will updated

A will drafted years ago may not reflect your current wishes or assets. Review it after any major life event, such as a business sale, divorce, new property or estrangement, and update your wishes accordingly.

Talk to your heirs

You don't need to sit down and have a huge formal conversation, but walking your beneficiaries through your wishes before you die can reduce confusion and conflict.

Managing an estate after a loved one passes is challenging — both due to the emotional impact and the legal complexities. By making sure your paperwork is in order, you may be able to save your loved ones a lot of trouble down the line.

Article Sources

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North Carolina General Assembly (1); UpCounsel (2)