the probate process, which is the legal process of administering a deceased person’s estate, several challenges or disputes may arise. These challenges can prolong the probate process, increase costs, and create tension among family members or beneficiaries. Some common challenges or disputes that arise during probate include
Will contests
One of the most common challenges is when someone contests the validity of the deceased person’s will. This can occur if a beneficiary believes the will was forged, the deceased lacked testamentary capacity, or if there was undue influence or fraud involved in the creation of the will.
Intestate succession disputes
When a person dies without a valid will, their estate is distributed according to the laws of intestate succession. Disputes may arise if there are disagreements among family members regarding who should inherit the assets and in what proportions.
Executor disputes
The executor is responsible for managing the probate process and distributing the assets according to the will or intestate laws. Disputes may arise if beneficiaries or family members believe the executor is not fulfilling their duties properly, mismanaging assets, or acting in their own self-interest.
Creditor claims
Creditors have the right to make claims against the deceased person’s estate to recover any outstanding debts. Disputes may arise if there is a disagreement over the validity or priority of these claims, or if the estate does not have sufficient assets to cover all the debts.
Asset valuation disputes
The value of certain assets, such as real estate, businesses, or unique personal property, may be subject to disagreement among beneficiaries. Disputes may arise if there are differing opinions on the fair market value of these assets, which can impact the distribution of the estate.
Family disputes
Probate can often bring underlying family conflicts to the surface. Sibling rivalries, disagreements over sentimental items, or disputes over the deceased person’s intentions can lead to contentious probate proceedings.
Tax disputes
Estate taxes can be complex, and disputes may arise if there are disagreements over the valuation of assets, the application of tax laws, or the availability of certain deductions or exemptions.
Trust disputes
If the deceased person had established a trust, disputes may arise regarding the interpretation of the trust terms, the actions of the trustee, or the distribution of trust assets.
Guardianship disputes
If the deceased person had minor children or incapacitated dependents, disputes may arise over the appointment of a guardian or the management of their assets.
Delay or mismanagement
Delays or mismanagement by the executor, attorney, or court can also lead to disputes during probate, as beneficiaries may become frustrated with the slow progress or lack of transparency in the process.