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Issues That Come Up With Probate

Family Lawyers

The probate process can have various complications when it comes to a deceased person’s distribution of assets especially if there is a divorce involved, as family lawyers know all too well. While it aims to ensure fair distribution and the fulfillment of the deceased’s wishes, probate can present issues that require resolution. Among the most common complications that may occur during probate include conflicts among beneficiaries, challenges to the validity of the will, creditors’ claims, estate taxes, and delays in the process.

Disputes Among Friends And Loved Ones

Disputes among beneficiaries are among the most frequent issues that may occur during probate. This happens when there are no explicit instructions from the deceased regarding the distribution of assets or when family members disagree with the decisions made. Legal intervention may become necessary when conflicts escalate. There are a few different issues that may come up with probate and it is important that you are working with attorneys, such as probate and estate attorneys from a law office like Carpenter & Lewis PLLC. Having an attorney by your side through this process can ensure that if there is a challenge to an estate plan you are a part of, your interests are looked out for.

  1. Challenges to the validity of the will can arise when a relative or other interested party claims that the will was created under coercion or that the deceased lacked the mental capacity to create it. In such cases, legal proceedings may be required to determine the will’s validity. This can often be difficult since the loved one has already passed but it is possible to prove whether or not the deceased was of sound mind when creating the will.
  2. Creditors’ claims are another potential complication that may arise during probate. If the deceased had debts that need to be settled before asset distribution, creditors may file claims against the estate, and the estate executor may have to sell assets to pay these claims.
  3. Estate taxes are another potential issue that may arise during the probate process. The estate may be responsible for paying federal or state estate taxes, which can be a significant expense. It is the estate executor’s responsibility to work with a tax professional to ensure that all taxes are paid correctly and on time.
  4. Finally, delays in the probate process can be a significant complication. Delays may occur due to disputes among beneficiaries, challenges to the will’s validity, or issues with creditors’ claims. The probate process may take a considerable amount of time, which can be frustrating for beneficiaries.

Get Legal Help With Probate Now

It’s true, the probate process can be a complicated undertaking, and there are several potential complications that may arise. To ensure that the probate process runs as smoothly as possible, it is essential to engage an experienced estate planning attorney who can help manage potential complications. By proactively preparing and working with professionals, you can minimize the likelihood of complications and ensure that your assets are distributed according to your wishes. Call your local office now.