How to Avoid Disputes When Inheriting Property in Monroe County

Inheriting property should be a moment to honor a loved one’s legacy—not a source of stress and conflict. But in many cases, real estate inheritance leads to disagreements among family members, delays in probate, or costly legal battles. Whether it's a home in Rochester, a rental property in Brockport, or a family cottage elsewhere in Monroe County, it's important to understand how to prevent disputes when inheriting property.

At Klafehn, Heise & Johnson P.L.L.C., we work with families across the region to provide clear legal guidance for inheritance, estate planning, and real estate matters. This article outlines the most common causes of disputes—and the legal steps you can take to avoid them.

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1. Understand What the Will or Trust Actually Says

The first and most important step when inheriting property is to review the estate documents carefully. That includes:

• The decedent’s last will and testament

• Any trust agreements

• Deeds or titles associated with the property

Many disputes arise simply from misunderstandings about what’s been left to whom. In some cases, unclear language or conflicting versions of documents can leave beneficiaries uncertain about their rights.

Tip: Before taking any action, consult with an estate attorney who can review the documents and explain your legal position.

Need help reviewing inherited property documents? Contact us today.

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2. Clarify Ownership and Responsibilities Early

When multiple people inherit a single property—such as siblings inheriting the family home—conflict often arises around who pays for taxes, upkeep, or decides what to do with the property.

If a will or trust gives multiple heirs equal shares in a property, that means:

• Everyone must agree to sell, rent, or renovate the property, or a judge will have to sort out such issues

• Expenses like utilities, property taxes, or repairs are typically shared, but may not be if the people inheriting disagree about this issue

• Disagreements can delay decisions or create tension

Common Scenarios That Create Disputes:

• One heir wants to keep the home, another wants to sell

• Someone moves into the property without agreement

• Costs are not split equally or fairly

Solution: A co-ownership agreement or family property settlement agreement can clearly define how the property will be managed or sold.

Let us help you draft an agreement that keeps things fair.

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3. Avoid Ambiguity in Estate Plans Before Death

The best way to avoid disputes is to prevent them before they start—with a clear, legally sound estate plan. If you're planning your own estate and want to pass on property without future conflict, here’s how:

• Be specific in your will or trust: Name the property, who will receive it, and how.

• Address what should happen if multiple beneficiaries disagree.

• Consider setting up a trust to hold the property and name a trustee to manage decisions.

• Talk to your family ahead of time. Clear communication now can prevent confusion later.

Ready to put a plan in place? Schedule your estate planning consultation today.

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4. Prepare for Probate or Trust Administration

If the property is being inherited through a will, it will go through probate in Surrogate’s Court. This process ensures the estate is distributed properly—but it can take several months and sometimes over a year, especially if there are disputes.

A trust, on the other hand, can allow property to transfer without court involvement—but only if the trust was properly set up and funded.

How to Avoid Disputes During This Process:

• Keep all heirs informed and involved throughout the process.

• Make sure the executor or trustee follows all deadlines and legal steps.

• Consult with a probate attorney if anything is unclear or contested.

At Klafehn, Heise & Johnson P.L.L.C., we guide families through estate administration in Monroe County to avoid delays and disagreements. We’re here to help—reach out to our team.

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5. What If a Dispute Already Exists?

Sometimes, even with the best planning, disputes happen. Common examples include:

• A beneficiary claims undue influence or fraud.

• An heir believes the will was changed inappropriately.

• Disagreement over selling or keeping the property.

• Claims that someone is not maintaining or misusing the inherited property.

If a dispute has already started, it’s important to address it quickly and legally to prevent it from escalating.

Our attorneys can help with:

• Negotiating between family members

• Negotiating buyouts or settlements

• Litigating will contests or property disputes

Facing a dispute? Talk to a local attorney who understands New York inheritance law.

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Protect Family Property—and Family Relationships

Whether you're planning your estate or have already inherited a property, legal guidance is key to avoiding unnecessary disputes. The attorneys at Klafehn, Heise & Johnson P.L.L.C. have decades of experience helping families across Rochester, Brockport, and Monroe County navigate the challenges of property inheritance.

From clear estate planning to resolving conflicts, we’re here to make sure your wishes—and your family's best interests—are protected.

Don’t leave it to chance—contact us today to protect your family’s future.

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Legal Disclaimer: This article provides general information about property inheritance and estate law in New York State and should not be considered legal advice. Every situation is unique. For personalized legal guidance, contact Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. You can reach us here. Portions of this article are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.