Disputes that arise during the administration of a deceased person’s estate may require probate litigation, a specialized area of law. These disputes can be complex and emotionally charged, often involving family members and significant assets. Our probate litigation lawyer will share that understanding the common types of disputes in probate litigation can help individuals anticipate potential challenges and prepare accordingly.
Will Contests
One of the most common disputes in probate litigation is the contesting of a will. This typically occurs when an heir or beneficiary believes the will does not accurately reflect the decedent’s true intentions. Grounds for contesting a will include allegations of undue influence, fraud, lack of testamentary capacity, or improper execution. A successful will contest can result in the will being invalidated, which might lead to the estate being distributed according to a prior will or, in the absence of a valid will, under state intestacy laws.
Executor And Trustee Misconduct
Executors and trustees have a fiduciary duty to manage the estate or trust in the best interests of the beneficiaries. Disputes often arise when beneficiaries suspect that an executor or trustee is not fulfilling their duties properly. This can include accusations of mismanagement of assets, self-dealing, failing to provide timely accounting, or not distributing assets according to the will or trust. In such cases, beneficiaries may seek to have the executor or trustee removed and replaced, and they might also pursue damages for any losses incurred.
Disputes Over Asset Distribution
Even when a will or trust is clear, disputes can still arise over the distribution of assets. Beneficiaries may disagree on the valuation of certain assets, such as real estate, family heirlooms, or business interests. Additionally, conflicts can occur if the will or trust includes conditions or restrictions on inheritance that beneficiaries find unfair or impractical. These disputes can lead to prolonged legal battles and can sometimes be resolved through mediation or alternative dispute resolution methods.
Creditor Claims Against The Estate
Creditors of the deceased have the right to make claims against the estate for debts owed. Disputes can occur when there is disagreement over the validity or amount of these claims. Executors must carefully evaluate each claim and decide whether to pay or challenge it. Beneficiaries might also get involved if they believe that paying certain claims will significantly reduce their inheritance. To determine the legitimacy of a creditor’s claim, thorough documentation is required to resolve these disputes.
Family Disputes And Estrangement Issues
Family dynamics play a significant role in probate litigation. Estranged family members, blended families, and second marriages can complicate the probate process. For instance, children from a first marriage might contest the inheritance left to a second spouse, or vice versa. Additionally, disputes can arise if certain family members feel they were unfairly excluded from the will or trust. These family disputes often require sensitive handling to balance legal and emotional considerations.
Ambiguities In Estate Planning Documents
Ambiguities in wills, trusts, and other estate planning documents can lead to disputes among beneficiaries. Vague language or conflicting provisions can result in different interpretations of the decedent’s intentions. When such ambiguities exist, the court may need to intervene to interpret the document based on extrinsic evidence and the overall context of the decedent’s estate plan. Clear and precise drafting of estate planning documents can help minimize these types of disputes.
Resolving Common Probate Disputes
Disputes that can arise during the administration of an estate will likely involve probate litigation. Will contests, executor and trustee misconduct, disputes over asset distribution, creditor claims, family dynamics, and ambiguities in estate planning documents are among the most common issues faced. Addressing these disputes requires a combination of legal knowledge, negotiation skills, and sensitivity to the involved parties’ emotions and interests.
Attorneys like those at Kaplan Law Practice, LLC can attest to the complexities and challenges involved in probate litigation. Whether you are an executor, trustee, beneficiary, or creditor, understanding the common disputes that can arise and seeking the guidance of a knowledgeable business litigation lawyer can help you face the probate process more effectively and achieve a fair resolution.