What are Probate Disputes?

Probate is a judicial process that manages the estate of a decedent according to a legitimate Will or intestacy law (in the absence of a Will). How probate works and how much time it takes may vary from state to state. Probate tends to be notoriously challenging for modern families, particularly where there is a lot of money involved. The larger the estate, the more complex its division and distribution becomes. Probate disputes can occur in the presence and absence of a Last Will and Testament. These disputes can be established by anyone related to the decedent if they are not satisfied with the outcome following intervention of probate court.

Probate Litigation Attorney in Colorado Springs explains the most common cases of probate disputes:

1.Disputes over the Contents of the Will

If the decedent got married multiple times in their lifetime and has children from more than one partner, disputes over probate are expected. Sometimes, there is an illegitimate heir mentioned in the Will, which further complicates the situation. If the decedent leaves a substantial portion of their estate to someone outside the family that nobody personally knows, it naturally causes unrest. If there was no Will, the beneficiaries may not like the way probate court navigates the family legacy.

More than often, members of a family are displeased because the assets were not allocated equitably. Some beneficiaries expecting an equal share would be unhappy for getting less. Similarly, one or more of the direct heirs might be offended by the fact that they did not get more than everyone else. Someone might make a fuss about not inheriting a particular family heirloom, and another would express resentment because the economic value of assets left to them is comparatively low.

2.Disputes over the Validity of the Will

The family of the deceased shall contest the validity of the Will if it turns out be contrary to what they expected; let’s say, the last Will retrieved is very different than the one they know about. The decedent may have made changes to the Will a few days/weeks prior to their death, and not discussed this with any of the intended beneficiaries. If the creator of the Will was very old and/or not of sound mind at the time of death, their family members may suspect foul play. They may assume that someone wrongfully influenced the decedent into modifying the contents of a Will submitted earlier.

For example, if a child is disinherited for no apparent reason, or the family business is left to a stranger, it is not surprising for the family to feel outraged and retaliate. It is hard to challenge a Will if it was properly executed, i.e. there are signatures of two credible witnesses and the original document is recovered from a safe place.

3.Disputes regarding the Executor of Estate

If the deceased prepared a Will and appointed an Executor of estate, the person chosen for the job might become the reason of conflict. It is possible that this person is not willing to carry out the duties or the decedent’s family does not consider them trustworthy. If the executor of a Will fails at managing the estate according to the wishes and instructions of the decedent, their family can impeach them for ‘breach of fiduciary duty’. If the executor of estate is a blood relative or direct heir, the circumstances can get quite dramatic. Therefore, if you don’t want your loved ones to fight over your wealth and decisions after your death, create a comprehensive estate plan while you’re alive and in perfect health.

Article source: https://article-realm.com/article/Finance/18659-What-are-Probate-Disputes.html