Many estates move through the probate process with minimal issues. The testator may have left a thorough estate plan, which allows the family to easily follow their wishes. They may not have drafted a will, in which case state law determines how their personal representative distributes the estate resources.
Other times, estate administration can be a source of significant conflict. Family members may end up fighting intensely with one another or might even pursue litigation in the probate courts. There are countless reasons why people decide to take legal action over an estate. Yet, many of those circumstances fall into one of the two broad categories outlined below as leading causes of probate litigation.
Issues with the documents
Sometimes, family members believe that there are issues with the will or other estate planning paperwork. Perhaps the testator experienced substantial cognitive decline in their last years of life. There may be questions about whether they lacked testamentary capacity.
Maybe they altered their documents to make their caregiver their primary beneficiary. Families may worry about undue influence. Concerns about fraud or illegal inclusions in the documents might also lead to family members contesting a will and asking that probate courts to set the paperwork in favor of intestate succession laws or a previous version of the estate plan.
Concerns about the representative
The personal representative or executor managing the probate process has control over estate resources and numerous other responsibilities. Family members may take legal action to remove a personal representative who embezzles, fails to initiate probate proceedings, mismanages estate resources or puts their personal wishes ahead of the testator’s instructions.
In scenarios where a representative diminishes the value of the estate or engages in inappropriate behavior, removing them from their position and replacing them with someone else might be the best option available. Beneficiaries can also potentially ask the courts for an injunction to prevent the sale or transfer of estate resources in certain cases.
Learning about common reasons that people initiate probate litigation can help people better evaluate their circumstances. Concerns about the validity or contents of documents or the behavior of a personal representative may be reason to take legal action during estate administration.
