When acting as the executor of an estate, it’s important to understand what is fully expected of you during this process. Unfortunately for many, the person who appointed them as executor may have family members who are unhappy with the way the will is established or being distributed. As a result, probate litigation may ensue. If you’re unsure what probate litigation is or what to expect if you find yourself at the center of this matter, you’ll want to keep reading. The following blog explores what you should know about these matters and how PA estate litigation attorneys can assist you through this overwhelming matter.
What is probate litigation?
Probate refers to the process that occurs when someone passes away and their estate must be distributed according to their heirs. Many assume that probate does not happen if there is a will in place, which is not true. The will must be submitted to the probate court which will validate the document before overseeing the distribution of the estate by the executor.
Probate litigation is the process in which disputes arise between beneficiaries and heirs of an estate and the executor of the estate. While most estates will be distributed smoothly and according to the wishes of the deceased, this is not always the case. When issues arise, probate litigation is necessary to help complete this process.
What can cause this process?
There are several situations and circumstances that can trigger probate litigation to occur, but most commonly, this begins with one party feeling as though they did not receive a fair share of the assets distributed.
In other instances, this can occur if the estate’s beneficiaries believe the executor is mishandling funds or acting without following the will. This is known as a breach of fiduciary duty, as the executor of the estate is responsible for distributing the assets according to the instructions left by the deceased. Failure to do so can create several complicated legal issues.
Probate litigation can also occur if the estate’s heirs have reason to believe the deceased lacked testamentary capacity at the time they created the will, or created their estate plan under undue influence, meaning they were taken advantage of. If this is the case, the will can be deemed invalid as the true wishes of the estate are left unknown.
The estate litigation process can be incredibly complicated, costly, and time-consuming. Unfortunately, Trying to navigate this process on your own can be overwhelming, so it’s in your best interest to connect with an experienced estate attorney with Friedman Schuman Layser . We understand how difficult these matters can be, which is why we can help represent you. If you’re experiencing issues, connect with us today to learn how we can fight for you.
