Why Would an Estate Require Probate Litigation?

Isn’t the Point of Estate Planning to Avoid Litigation?

There are countless benefits to proper estate planning. Whether you want to ensure your loved ones receive your properties or you merely want to plan for unexpected medical issues, just a bit of proactivity can go a long way. Unfortunately, there are some instances when an estate may require probate litigation. Many people are surprised by this fact — particularly since one major benefit of estate planning is avoiding potential litigation.

Unfortunately, the best plans aren’t always effective. Unexpected issues can arise after a loved one’s death. There may also be instances where certain heirs believe an estate plan is outdated or was made under coercion. There are even situations where individuals will file a lawsuit in bad faith — or merely because they don’t understand the law. Whatever the case, it’s important to recognize the warning signs.

Common Causes of Probate Litigation

Estate planning certainly reduces the risk of probate litigation. Unfortunately, nothing can eliminate this risk entirely. However, understanding the common causes of such adversarial legal issues may be able to help you better avoid them. If you see any of the following issues emerging, your loved one’s estate may be in danger of a lawsuit:

Lack of an Estate Plan

One of the most common reasons an estate ends up in probate litigation is because a person dies without an estate plan in place. This leaves important decisions to the courts, and any family disputes of fact could result in drawn-out litigation.

Contested Wills

If there are disputes over the validity of the decedent’s will, there’s a high likelihood that probate litigation will occur. Validity can be contested over undue influence, fraud, lack of capacity, and other reasons.

Personal Representative Challenges

Family members and other interested parties often have the option to challenge the appointment of an executor. This potential exists whether the representative is named in a will or appointed by the courts.

Heir Disputes

When conflicts between heirs occur over the distribution of assets, a common outcome is probate litigation. This is particularly prevalent when there are disagreements over the intentions of the deceased individual.

Creditor Claims

Creditors often disagree with executors and heirs over the validity of certain debts. This frequently lands the involved parties in court.

Breach of Fiduciary Duty

Beneficiaries may bring a lawsuit against an executor or other representative if they believe the individual breached their fiduciary duty my misappropriating funds or mismanaging assets.

Familial Relationship Disputes

Blended families and other complex family structures lend themselves to disputes over relational dynamics. This can leave different heirs with major disagreements — often in good faith.

Trust Disputes

Probate litigation may arise over the validity of trusts or how a trust is being administered.

New Claims or Assets

When beneficiaries discover previously undisclosed assets — or creditors bring forth new claims — disputes over their inclusion in an estate are common causes for probate lawsuits.

How to Minimize the Potential for Litigation Among Heirs

Estate planning is all about ensuring your wishes are respected once you pass on. If you’re the owner of an estate and hope to ensure your family doesn’t have to go through the challenges of probate litigation, there are a variety of steps you can take while you’re still around. There’s no way to control what happens once you’re gone, but the following strategies can greatly minimize the potential for conflicts:

• Make sure your estate plan is clear and well-drafted
• Regularly update estate planning documents, especially after major life events (e.g., births, marriage, divorce)
• Communicate openly to family members about your wishes and reasoning
• Choose a trusted and competent trustee or executor
• Consider using trusts to avoid probate altogether
• Consider naming beneficiaries to accounts that can also avoid probate
• Anticipate and address any potential challenges to your estate plan documents
• Seek professional valuations for valuable properties and assets
• Document how your decisions were made when creating your estate plan
• Include provisions in your estate plan that encourage mediation and other alternatives to probate litigation
• Speak with an attorney who can ensure you’re doing everything by the book

Anyone who utilizes a combination of these strategies can greatly minimize the likelihood of probate litigation. In fact, these steps are often able to keep a multitude of assets out of probate court altogether. Your loved ones will likely already have a lot on their plates once you’re gone. Why not take the time to ensure they don’t have to deal with unnecessary legal issues? Planning out your estate is the best way to accomplish this.

Is It Too Late to Avoid Probate Once Your Loved One Passes?

Fortunately, there are a variety of ways to avoid probate litigation. However, most of these strategies must be implemented while the owner of the estate is still alive. Put simply, avoiding such litigation is a primary focus of proper estate planning. Once a loved one has passed on, though, survivors are often left to hope that proper planning took place. Fortunately, there are some steps that can help avoid litigation even at this point.

For instance, clear and transparent communication is as important now as it was before your loved one passed. It’s also wise to provide copies of estate planning documents to all heirs and beneficiaries. And if an executor wasn’t designated in a person’s will, heirs must work together to find a competent individual to handle administration procedures. The chance of keeping probate proceedings civil also increases when you educate family members on the process.

An ideal method to accomplish this is hiring a probate attorney. This legal professional can help you and other heirs understand how the process works — thus reducing the risk of conflict — and also represent your best interests when an estate requires probate litigation. At Estate Planning & Elder Law Services, P.C., we’re here to help. Contact us at (888) 752-6050 today to schedule your free consultation.