Most families will at some point find themselves following the probate procedures in their local court to bring the affairs of a loved one to closure. This ordinary process should not be confused with probate litigation, which only occurs when there is a dispute that requires a legal intervention. Read on to understand the causes of probate litigation, as well as how to avoid it.
Ensuring Fairness and Accountability
Careful estate planning, including clear communication and the designation of responsible fiduciaries, enables most families to avoid the stress and hard feelings probate litigation typically entails. Even without an estate plan, smooth closure on the affairs of the deceased is possible: the probate court will designate an administrator who must follow the protocols to ensure dates are paid prior to the distribution of assets in accordance with the state intestacy.
Unfortunately, however, sometimes estate litigation becomes a reality, as Joseph Villaban at Brady Cobin Law Group explains: Estate litigation arises when disputes over wills, trusts, or other estate matters cannot be resolved without legal intervention … Observing that litigation frequently occurs related to “claims about the validity of a will, conflicts between beneficiaries, or concerns about how an executor or trustee is handling their responsibilities,” Villaban details these examples of estate litigation:
- Will Contests: These disputes arise when someone questions the validity of a will due to claims of undue influence, lack of capacity, fraud, or improper execution.
- Beneficiary Disputes: Conflict often results from disagreements over how assets are distributed or perceived inequities in the estate plan.
- Executor or Trustee Misconduct: Breaches of fiduciary duty, such as mishandling funds or failing to act in the best interest of the beneficiaries, can result in litigation.
- Ambiguities in Estate Documents: Unclear or contradictory language in a will or trust may require court involvement to interpret the creator’s intent.
At Elder Law Answers, attorneys point out that probate litigation can also come about because of issues related to claims against the estate as well as guardianship disputes:
Claims Against the Estate
Creditors or individuals may believe they have a rightful claim to the deceased person’s assets. They then may seek to file claims against the estate. Claims can include outstanding debts, unresolved contracts, or disputed property ownership.
Guardianship Disputes
In disputes over appointing a guardian for a minor or a disabled adult, probate litigation can also result. Concerns about the actions of an appointed guardian or conservator may lead to probate litigation too.
Good To Know: Family Settlement Agreement?
If a conflict related to an estate seems to be escalating, the timely help of an attorney can make a big difference. For example, sometimes disputes can be resolved via a negotiation or mediation process that results in a family settlement agreement. These kinds of remedies are generally swifter, less costly and, ultimately, less damaging for families than court proceedings. Of course, the ultimate solution for avoiding the pain, time, and costs associated with probate litigation is thoughtful, proactive estate planning. Courageous conversation with loved ones is also essential, especially if decisions made during estate planning will come as a surprise or cause stress.
Helpful To Know: Probate Bonds?
It’s common for courts to require probate bonds, which serve as a guarantee that debts and assets will be properly handled in accordance with state laws and protocols through the probate process. Probate bonds are sometimes alternatively referred to as estate, executor, personal representative or administrator bonds. Colonial Surety Company makes it quick and easy to obtain probate bonds via a user-friendly online service. Simply quote and obtain the required bond, and then instantly download and e-file it with the court.
Easy and Speedy Probate Bonds HERE
Complimentary Service for Probate Attorneys
Help clients quickly secure court and fiduciary bonds with just a few clicks on The Partnership Account® for Attorneys. Simply select the bond needed, send it to your client for payment, and then download, e-file or print the bond.
Our fiduciary bonds include: administrator, estate, executor, guardian, personal representative, probate, surrogate, trustee, conservator and the list goes on. Court bonds include: appeal, supersedeas, injunction, replevin, receiver and more.
Colonial Surety is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA. Our customers have awarded us a 4.8 Trustpilot score. Whenever and wherever you need a bond, trust Colonial: www.colonialsurety.com