Common Disputes That Arise During Probate
Whether you have recently lost someone you love, or you are just starting the estate planning process for yourself, it is important to think about probate. Probate is a court-supervised process that settles a person’s estate after they pass away. Throughout the process, the property of the decedent is gathered and valued, debts of the decedent are resolved, and the remaining assets are divided among the beneficiaries.
Unfortunately, there are many issues that can arise throughout the probate process and litigation is sometimes needed to resolve them. These disputes can cause delays in the probate process, and they can lead to many other issues, as well. Below, our Daytona Beach probate lawyer outlines the most common issues we see.
Common Disputes During Probate
Part of the probate process is dedicated to dealing with any disputes that may arise. Although many arguments may be made, the most common types of disputes include:
- Trust or will validity: People with an interest in the estate, such as beneficiaries or heirs, may argue that a will or trust is not valid. They may claim that the signature on a will was forged or that the decedent was under undue influence at the time that they created or signed a will or trust.
- Trustee or executor issues: Individuals with an interest in the estate may argue that the trustee or executor breached their fiduciary duty, mismanaged the estate, or otherwise acted dishonestly or inappropriately.
- Disagreements among beneficiaries: One or more beneficiaries may dispute how property in the estate is distributed and claim that they are entitled to certain assets not outlined in a will or estate plan.
- Creditor claims: If a creditor believes the decedent owed them a debt at the time of their death, they can make a claim against the estate to recover the debt.
How to Resolve Disputes During Probate
It is best to try and avoid disputes during probate, but it is not always possible. Probate is already a long, expensive process and disputes will only make it more stressful and time-consuming for everyone involved.
If a dispute does arise, it is important to try and resolve them without litigation. Litigating disputes requires taking them to court, making the process even longer and more expensive. Arbitration and mediation are two forms of alternative dispute resolution that can help you address issues out of the courtroom. Of these two, mediation is most often preferred because it gives both parties more control over the process. During litigation and arbitration, a third party will make all final decisions. To avoid disputes, or handle them when they arise, it is best to work with a Daytona Beach probate lawyer.
Call Our Probate Lawyer in Daytona Beach for Legal Help
If you are facing a probate dispute, it is important to have legal representation for you and your family. At Bundza & Rodriguez, our Daytona Beach probate lawyer can provide the advice you need to resolve the dispute and give you and your family the best chance of a positive outcome. Call us today at 386-252-5170 or chat with us online to request a free review of your case and to get more information.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
