Estate administration often involves cleaning, formal communications and record keeping. Occasionally, there may be controversies that arise during estate administration.
Outside parties, including creditors or family members, may file a lawsuit due to concerns about the estate. The three scenarios below are arguably the most common situations in which probate litigation arises.
1. Questions about the estate plan
People expecting to inherit from an estate may question the validity of a will or other documents. Those disinherited by an estate plan or who received less than they expected from an estate may pursue a will contest due to concerns about undue influence or the deceased person’s lack of capacity when they drafted their documents.
2. Issues with administration
The personal representative overseeing probate proceedings has a fiduciary duty to beneficiaries or heirs. They should put beneficiaries first when making decisions about asset management and distribution. In scenarios where it appears that a personal representative breached their fiduciary duty by embezzling or otherwise putting their wishes ahead of the needs of beneficiaries, concerned parties can ask the courts to remove the personal representative.
3. Concerns about possible fraud
Occasionally, litigation comes not from a beneficiary but from an outside party, such as a creditor. They may claim that transfers to a trust were fraudulent, for example. They could also pursue legal action where they seek to hold the personal representative accountable for mismanaging estate resources or failing to pay financial obligations according to the law.
Having legal guidance when contemplating a probate lawsuit or responding to pending litigation can be beneficial for anyone with an interest in probate proceedings. Given that probate is complex and stakes are often high, DIY approaches are ill-advised.