Probate is the legal process that occurs after a person passes away. It involves distributing the assets of the deceased according to their will or the laws of their state. Probate can be a complex and time-consuming process, and it often involves a number of issues that can create challenges for the executor or administrator of the estate. Below are common types of probate issues that lawyers often resolve.
Disputes over the validity of the will
An issue frequently raised by family members and other parties is the validity of a will. This can occur if someone believes the will was created under duress, if it was not properly executed, or if the deceased lacked the mental capacity to make the will. To address this issue, it may be necessary to hire an attorney and go to court to have the will declared invalid or to defend its validity.
Challenges to the executor or administrator of the estate
Another common probate issue is when someone challenges the person who has been appointed as the executor or administrator of the estate, as a probate lawyer like one from Silverman Law Office, PLLC knows. If someone believes that the person in this role is not able to completely fulfill their legal duties, they may raise an objection. To address this issue, it may be necessary to go to court and have a judge make a decision about who should be appointed as the executor or administrator.
Disputes over the distribution of assets
Sometimes a person objects to a will because of how assets are distributed. This can happen if there are questions about the interpretation of the will or if there are disagreements about who should receive certain assets. To address this issue, it may be necessary to go to court and have a judge make a decision about how the assets should be distributed.
Another important topic concerns estate taxes. Depending on the size of the estate, there may be federal and state estate taxes that need to be paid. To address this issue, it’s important to work with an experienced estate planning attorney who can help you navigate the tax laws and ensure that the taxes are paid properly.
Creditors may argue that the deceased failed to pay all of their debts. This can create a significant probate issue, particularly if the estate does not have enough assets to pay all of the creditors. To address this issue, it’s important to work with an attorney who can help you negotiate with the creditors and ensure that the estate’s assets are distributed fairly.
Disputes among beneficiaries
One of the most common problems concerns conflicts among various beneficiaries. This can happen if one beneficiary believes they should receive more than another, or if there are questions about the validity of a beneficiary’s claim. To address this issue, it’s important to work with an attorney who can help you negotiate with the beneficiaries and ensure that the assets are distributed fairly.
For many people who have lost loved ones and need to resolve estate planning matters, probate can be a confusing process. By working with an experienced attorney, you can navigate these issues and ensure that the estate is distributed according to the wishes of the deceased. Whether you’re facing a challenge to the validity of the will or disputes among beneficiaries, an attorney can help you find a solution that is fair and equitable for all parties involved. Find out how you can receive legal services by scheduling a consultation.