When you’ve recently lost a loved one, the last thing you want is to spend time on burdensome legal issues relating to your loved one’s estate. Navigating the complex emotional and financial issues related to a loved one’s passing can be a tremendous challenge for us all. Unfortunately, when someone passes, disputes can arise over the administration of that person’s estate or the execution of their will. One should not take these conflicts mentioned above lightly because they can shape a survivor’s quality of life and, often, the quality of life of the survivors’ descendants.
Because of what’s at stake, a courtroom is frequently the only recourse a surviving spouse or otherwise has to ensure the proper fulfillment of the recently deceased’s wishes. When a surviving spouse or related family member files a lawsuit against an executor, administrator, or third party, this civil suit is called probate litigation. Instead of trying to manage the complex emotions of a loved one’s passing and the legal complexities alone, you can ease your burdens with the help of a probate litigation attorney.
Let’s define probate to understand better what circumstances could necessitate probate litigation. Probate is the legal proceedings that dictate the distribution of estate assets and property belonging to the recently deceased per that person’s will. This process can also include the payment of any debts associated with said estate. The probate estate is all the property owned by the decedent at the time they died.
In all cases, the court must appoint a personal representative or executor to oversee the estate administration and distribute the estate to complete the probate process. This procedure ensures that an executor with nefarious intent cannot abuse their power and circumvent the wishes of the recently deceased. A few of the safeguards imposed by the law include court oversight over the probate process and approving the sale of assets.
What is the purpose of probate litigation?
Probate litigation aims to obtain a beneficiary’s or heir’s rightful inheritance through the court system. It can take the form of contesting the appointment of a person as the personal representative and/or having the court order the personal representative to perform a particular act, such as accounting for the estate or reclaiming property that belongs to the estate.
What are some reasons to consider probate litigation?
Contesting a will is a common form of probate litigation, and there are several things to consider when considering this path. An individual can claim that a will is invalid due to improper signing, lack of mental capacity at the time of the signing, or suspicious circumstances surrounding the writing or re-writing of a will. Later in life, many people are diagnosed with mental health disorders that adversely impact their capacity to consent to a will signing or even understand the implications of their will. Medical records can be key evidence in proving this type of claim. Undue influence is also a justification for taking legal action under these circumstances. If you believe someone has pressured the decedent into signing a will, making them feel like they must do it, this falls under undue influence. Lastly, in the context of a will, if you have reason to suspect someone has forged the decedent’s signature, an experienced probate litigation attorney will certainly be able to assist you in making that claim in court.
Another reason probate litigation may be necessary is if the beneficiaries or heirs of an estate have cause to believe the estate administrator or executor hasn’t been fulfilling their responsibilities. Grounds for this action include embezzlement, taking assets or other property for themselves before distribution is approved, or any other reasons an executor hasn’t fulfilled their fiduciary duty. Somebody could also bring these same claims against an individual who has been named as a power of attorney or personal representative on behalf of the decedent.
A third reason probate litigation could arise in disputes among heirs. Siblings or other heirs may disagree on asset distribution or management, leading to litigation. Several key risk factors lead to a higher incidence of probate litigation. These factors include sibling rivalry, second marriages, and dysfunctional families. A second marriage without a pre-nuptial agreement greatly increases the chances of probate litigation.
Lastly, creditors may file claims against the estate, which can spark disputes if the executor disputes the legitimacy of the claims. Having an attorney with experience defending their clients against these kinds of claims can be the difference between a family keeping possession of a home after their loved one’s passing or not.
When should I consult with a probate litigation attorney?
There are many circumstances in which speaking to an experienced probate litigation attorney would be helpful. With the stakes often being as high as they are, fully availing yourself of all relevant legal recourse and protections is always a good idea. If you’re a family member, surviving spouse, potential heir, or beneficiary, understanding the rules surrounding the probate litigation process is critical in defending your rights, the legacy of the recently deceased, and their final wishes. Please contact us if you’d like to discuss how to pursue probate litigation to protect their rights or how best to prevent their estate from being involved in probate litigation.