The loss of a loved one is devastating to say the least and it can affect each family member in a million different ways. Probate aims to lighten the load of such loss by helping with asset distribution. But sometimes, disagreements can still arise.
These conflicts can turn an emotional time into a legal battle. Let’s look at the three most frequent probate disputes we face in Columbia County and their impact on families.
Will contests
Will contests happen when someone challenges the will’s validity. Common reasons for contesting include:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
- Improper will execution
Will contests can lead to lengthy court battles and strained family relationships. For example, a child might claim their parent lacked mental capacity when signing the will, or a sibling might accuse another of manipulating their parent to change the will in their favor.
These disputes often involve presenting medical records, witness testimonies and expert opinions to prove or disprove the will’s validity. The process can be time-consuming and emotionally draining for all parties involved.
Asset distribution disagreements
Even with a valid will, beneficiaries may clash over asset division. This can involve:
- Interpretations of unclear will language
- Claims of unfair distribution
- Disagreements on asset valuation
These disputes often stem from perceived inequities or misunderstandings about the deceased’s intentions. For instance, siblings might argue over who gets the family home, or a beneficiary might feel they received less than they deserve.
Executor conflicts
The appointed estate manager (executor) can become a source of conflict. Disputes may include:
- Claims of mismanagement or self-dealing
- Delays in estate administration
- Poor communication with beneficiaries
Executor conflicts can erode trust and complicate the probate process. Beneficiaries might accuse the executor of mishandling funds, favoring certain heirs or taking too long to settle the estate.
Probate disputes can significantly extend the process, increase costs and add stress for all involved. While it’s impossible to guarantee a dispute-free probate, early conflict resolution, open communication and proper estate planning can help mitigate these issues. If you’re facing probate disputes, consider consulting with a local probate attorney for guidance tailored to your specific situation.
