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Probate Disputes: Common Issues

Posted by Mariserg Anonales-Lopez | Jun 20, 2024 | 0 Comments

Probate is the legal process through which a deceased person's estate is administered and distributed according to their Will or state laws, if no will exists. While probate aims to ensure a smooth transition of assets, it can often give rise to disputes among beneficiaries, executors, and other parties involved. In this blog post, we'll explore common probate issues.

  1. Will Contests:
    A will contest occurs when someone challenges the validity of the deceased's will. Common grounds for contesting a will include claims of undue influence, lack of testamentary capacity, fraud, or improper execution. Resolving will contests often requires thorough investigation and gathering evidence to support or refute the claims. Mediation or court proceedings may be necessary to achieve a resolution.
  2. Executor Disputes:
    Disputes can arise when beneficiaries disagree with the actions or decisions of the executor, the person responsible for managing the estate. Concerns may include perceived mismanagement of assets, lack of transparency, or failure to follow the terms of the will. Resolving executor disputes often involves reviewing the executor's actions, ensuring compliance with legal obligations, and, if necessary, seeking their removal and replacement through court intervention.
  3. Beneficiary Disputes:
    Conflicts among beneficiaries are common, particularly when it comes to the distribution of assets. Disagreements may arise over the interpretation of the will, the value of assets, or the fairness of the distribution.
  4. Claims Against the Estate:
    Creditors, surviving spouses, or other parties may file claims against the estate, seeking payment for debts or asserting their legal rights to a portion of the assets. Resolving these claims requires careful examination of the validity of the claims, negotiating settlements, and, if necessary, litigating disputed claims in court
  5. Family Business Disputes:
    When a family business is part of the estate, disputes can arise over its management, valuation, or distribution among heirs. Resolving family business disputes often involves business valuation experts, legal professionals, and sometimes a buyout agreement to ensure fair treatment of all parties involved.
  6. Intestate Succession Disputes:
    If the deceased person did not leave a valid will, the estate is distributed according to state intestate succession laws. Disputes can arise over the identification of rightful heirs and the distribution of assets. Resolving these disputes requires a thorough understanding of state laws and may involve genetic testing or legal proceedings to establish heirship.

Resolving Probate Disputes: Practical Advice

  1. Seek Legal Counsel:
    Engaging an experienced probate attorney is crucial in navigating the complexities of probate disputes. Legal counsel can provide expert advice, represent your interests, and help you understand your rights and options.
  2. Open Communication:
    Maintaining open and respectful communication among all parties involved can help prevent misunderstandings and reduce tensions. Clear communication can pave the way for amicable resolutions and preserve family relationships.
  3. Documentation and Evidence:
    Gathering and organizing relevant documents and evidence is essential in resolving disputes. This includes the will, financial records, correspondence, and any other documentation that supports your position.

Understanding probate disputes is crucial for ensuring the smooth execution of an estate. These disputes can arise from various issues, such as unclear wills, beneficiary conflicts, or questions of asset distribution. Experienced attorneys can help navigate these complexities, providing tailored solutions to protect your interests and uphold your loved one's wishes. Address potential probate disputes early to secure peace of mind and protect your family's future. For legal assistance and guidance through estate planning, contact us at Katherine Maloney & Associates at 815-577-9763.

We're here to help you protect your rights and achieve a fair resolution.

About the Author

Mariserg Anonales-Lopez

Mariserg Anonales-Lopez joined Rathbun, Cservenyak, & Kozol, LLC as an associate attorney in 2023. Her current practice areas include family law, probate, guardianship, and general litigation. Ms. Anonales-Lopez, who was born in California, grew up in Aurora, Illinois as a first-generation Mexican American. ...


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