People’s obligations and assets don’t disappear when they die. The people left behind have to settle their affairs, often by following an estate plan they previously created. After someone dies, their surviving family members have a lot of work to handle.
They have to locate a will and other estate planning documents. They have to settle someone’s financial affairs and arrange for their funeral. Probate proceedings are often a part of that process. For some families, estate administration is relatively straightforward.
The personal representative selected by the decedent takes responsibility for the estate. They attend court hearings, communicate with those who have an interest in the estate and eventually distribute resources to beneficiaries. Sometimes, conflicts arise, leading to probate litigation. Probate litigation may arise for a variety of different reasons, but the two types of scenarios below are among the most common reasons that someone may file a lawsuit during the estate administration process.
Concerns about estate documents
There are so many reasons why families may question the validity of a will or other estate planning documents. They may not believe that a caregiver who became the main beneficiary of the estate influenced the documents inappropriately. They may believe that final revisions to the estate plan occurred after significant cognitive decline, raising questions about their ability to draft valid documents.
Sometimes, the issue is that the will includes terms that violate state law or that it doesn’t conform to requirements established in state statutes. Family members and potential beneficiaries may initiate probate litigation to contest a will when they have reason for concern.
Issues with the administration of the estate
Sometimes family members view the documents as valid. However, they take issue with how the personal representative fulfills their responsibilities. Maybe they have consistently failed to take timely action, putting estate resources at risk. Perhaps people worry about embezzlement or self-dealing.
Even incompetence could diminish the value of the estate because the personal representative doesn’t manage resources properly. In situations where families believe a personal representative has not fulfilled their responsibilities or cannot do so, they may pursue litigation. They may go to court to request the replacement of the personal representative.
Probate litigation often relates to serious concerns about an estate plan or the process of estate administration. Pursuing a probate lawsuit is sometimes necessary to protect an inheritance and the legacy that a loved one wanted to leave after their death.