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What everyone should know about probate litigation

On Behalf of | Dec 28, 2023 | Uncategorized |

Probate litigation can be a complex and emotionally charged process. It often involves resolving disputes regarding distributing and managing the deceased’s assets. It typically arises when there are disagreements among beneficiaries, questions about a will’s validity or concerns about an executor’s actions.

These disputes can be deeply personal and contentious, involving family members and loved ones. Understanding the critical facts about probate litigation is crucial for those who may need to pursue legal action in this way.

Grounds for probate litigation

Disputes in probate often arise due to concerns about a will’s validity, allegations of undue influence or coercion, lack of testamentary capacity or improper execution of a will. Challenges can also be based on the belief that a will does not accurately reflect the deceased’s intentions due to fraud or mistakes.

Parties involved

Generally, those with a stake in the outcome, such as beneficiaries named in a will, heirs-at-law if there’s no will and sometimes creditors, can initiate probate litigation. It’s important to establish legal standing before proceeding with a challenge.

Executor’s responsibilities

The executor or administrator of the estate plays a central role and is often the target of litigation. They are responsible for managing the estate’s assets, paying debts and taxes and distributing the remaining assets. If beneficiaries believe the executor is being unethical or acting against the estate’s best interests, they can challenge the executor’s actions in court.

Potential for mediation

While probate litigation can be lengthy and costly, mediation offers an alternative to resolve disputes without a trial. Mediation involves a neutral third party who helps the disputing parties reach a mutually acceptable agreement. It can be less adversarial and is often a more efficient process.

Litigation can be expensive and time-consuming, potentially diminishing an estate’s value due to prolonged legal fees and delayed distribution of assets. This concern should be weighed when considering whether to pursue a dispute. Ultimately, seeking legal guidance to evaluate the situation and determine viable options can be beneficial.