What Are Some Potential Probate Disputes?
Probate is the legal process of finalizing your estate once you die. The court manages the process to ensure distributions and other actions occurring with your assets are according to your wishes and the law.
During probate, it is possible that someone could bring up an objection. There are a few different situations that may occur. While you may be unable to prevent some of them, there are ways you can minimize the chances.
Underlying Issues
Most often when someone contests your will or makes some other objection to your estate plan, it is for a completely emotional reason. A family member may decide they do not like the decisions you made or try to say that you were not in your right mind when you made them.
Justia explains problems in probate related to underlying issues are often a result of situations that include issues with a second marriage or family disputes. It may also be more likely to have issues if you leave assets to people outside your family or if you have a non-standard will where you exclude someone or add conditions on the inheritances.
Legal issues
Someone may also try to dispute your estate on legal grounds. It is a good idea to employ an attorney to handle these types of probate disputes Westport CT. Potential legal issues may include:
- Trust modification
- Guardianship objections
- Will validity issues
- Executor issues
The court will hear the arguments and you want to be sure that someone is there to represent you. This is especially true if someone is trying to remove the executor that you put in charge of your estate.
Problems Happen
The worst part about probate disputes is that they can happen regardless of how well you plan ahead. However, it can help to make sure the language in your will is clear, that you choose your executor carefully, and that you make your family aware of what is in your estate plan.
