From Probate to Court: When Estate Disputes Require Legal Action

Even though probate is a standard legal process, a recent study has shown that 58% of families experience conflict during estate settlements. These often lead to legal disputes for many reasons: no will being in place, an unclear will, allegations of undue influence, and executor misconduct are just a few. Whatever the reasons behind the conflict, things can escalate quickly and though many disputes do get resolved through negotiation, some require litigation. 

Common Reasons for Estate Disputes

The biggest reason estate litigation happens is for contesting the will. Wills are also contested for a variety of reasons, including:

• Lack of capacity when the will was written
• Undue influence when the will was written (pressure or manipulation into making changes)
• Fraud or forgery
• Improper execution (no witnesses or signatures)
• Ambiguous language
• Multiple wills exist

Other reasons for estate disputes are breach of fiduciary duty (when executors don’t manage assets according to the will), asset distribution disputes (beneficiaries disagree), and creditor and claim issues (debts and insolvency issues). 

When Does Probate Escalate to Litigation?

In the best cases, probate will settle estates without a hitch but if things become complex and mediation has been tried, it’s time to go down the route of litigation. This happens when:

• Mediation has been attempted and failed: The heirs, beneficiaries, and creditors might not be able to reach a fair compromise so legal intervention is needed.
• Someone contests the will: This could be due to allegations of fraud, influence, or lack of capacity. In these cases, formal court proceedings are required.
• Executor misconduct occurs: If the executor of the will does not follow the will, legal intervention is required.

During the process of estate litigation, there will be a time for gathering evidence, filing legal claims, and presenting arguments in court, much like any other lawful process.

The Role of Estate Litigation Lawyers

At the center of managing estate disputes are estate litigation lawyers. These professionals provide the necessary counsel and expertise to ensure the disputes are resolved fairly whoever they’re representing. These lawyers, like Scottsdale estate litigation lawyers, are adept at negotiating settlements to prevent prolonged litigation and protect their clients’ interests. 

These situations simply can’t be managed without professional legal representation. Estate matters are complex and require a deep understanding of the laws surrounding estates. Estate litigation lawyers have this in abundance–as well as knowledge of how to approach each case strategically for the best outcome. 

Endnote

It’s always easier for probate to run its course but in the case of disputes, this isn’t possible. Whenever there are conflicts, whether it’s to do with the content of the will, beneficiary disagreements, debts incurred, or an executor not following what’s written, it could be that legal advice and representation are needed. If mediation has tried and failed, the next step is to seek advice from an estate litigation lawyer and proceed to the next stage. While this can take time and is often costly, it’s often the only way to settle estate issues once and for all.