Common Reasons for Probate Litigation
When someone dies, the probate process begins. Probate typically involves identifying and inventorying the property of the deceased, appraising the property, paying off debts and taxes, distributing the property according to the will and validating the will — which should be a straightforward matter. However, estate disagreements and disputes can impede probate and ultimately lead to litigation. Common reasons for probate litigation include:
- Will contests — Many estate litigation cases involve disputes over wills. If you believe a will was created improperly or that your loved one was coerced in drafting the will while under duress or undue influence, it is vital that you seek prompt legal help. A will may also be contested if it is not signed in accordance with state laws.
- Breach of fiduciary duty — Probate administrators must act solely in the best interests of beneficiaries. If a probate administrator fails to uphold his or her fiduciary duty because of a conflict of interest, incompetence or greed, litigation may be necessary to resolve the matter.
- Determining heirs — The media has taught us that when a person dies, or is about to die, his or her will is read and the beneficiaries receive a portion of the deceased’s estate and assets. However, in the real world, not everyone creates a will. So what do you do if your loved one passes away and leaves no will or estate plan behind? Unfortunately, litigation may be necessary to uncover the rightful heirs.
Conflicts among heirs frequently arise when an estate plan has not been created. Whether you need help drafting or reviewing a sound estate plan or with probate litigation, it is in your best interests to consult with a knowledgeable team of estate planning lawyers.