Common Disputes That Arise In Probate

Whether you are starting the probate process after losing a loved one, or creating an estate plan to help your loved ones avoid it, there are many things to consider. The probate process is court-supervised and meant to settle someone’s estate after they pass away. Property of the deceased is gathered during the probate process, valued, and outstanding debts are repaid. Any property remaining in an estate is then divided among the beneficiaries.

During the probate process, however, disputes can arise and these require litigation in some cases. It is recommended that everyone tries to avoid these disputes, as they cause delays that are not always necessary and can cause other issues, as well. Below, our Daytona Beach probate litigation lawyer explains the disputes that are most common.

What Disputes are Most Common During Probate? 

Truthfully, there are many common types of disputes that can arise during the probate process. Of these the most common include:

• Validity of legal documents: Anyone with an interest, or right, to the estate can argue that legal documents, such as wills or trusts, are not valid. These individuals may argue that the signature was forged, the testator was under undue influence, or that there is another problem that makes a trust or will invalid.
• Issues with a personal representative or trustee: There may be arguments that a Personal representative or trustee breached their fiduciary duty, mismanaged the estate, or otherwise acted in bad faith.
• Disputes among beneficiaries: Beneficiaries do not always agree about how property is distributed, or they may claim that they have a right to certain property within the estate.
• Creditor claims: If a creditor believes that the deceased owes a debt that has not yet been paid, they can make a claim against the estate to recover the amount owed.

Resolving Disputes in Probate 

There are many ways to resolve disputes that arise during the probate process. One of these is litigation, which requires all parties involved in the dispute to go to court and allow a judge to decide. While litigation is sometimes required to uphold your rights, it is also the lengthiest and costliest way to resolve probate disputes.

Mediation is often a preferred method to resolve probate disputes. Mediators do not make any decisions or provide legal advice. Instead, their only role is to try and foster compromise and communication between the involved parties so they can reach an agreement. Another benefit of mediation is that the disputing parties make the ultimate decisions, so they can reach a solution that is acceptable to everyone involved.

Our Probate Litigation Lawyer in Daytona Beach Can Help with Your Case 

Probate disputes can cause many issues so it is best to resolve them as quickly as possible. At Bundza & Rodriguez, our Daytona Beach probate litigation lawyer can provide the representation you need to ensure your rights are protected and to help you obtain a favorable outcome. Call us now at 386-252-5170 or contact us online to schedule a consultation and to get more information.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html