Common Disputes That Arise During Probate

Losing someone you love is one of the hardest things you will ever have to go through. It can leave you feeling alone, uncertain, and vulnerable. Additionally, if your loved one did not take the necessary steps to safeguard their property before they passed away, you may find yourself facing complicated probate disputes. Probate is a legal process that settles a deceased’s estate and it is often long, complex, and expensive.

If probate disputes are not handled properly, disputes can drain the resources from the estate and more troubling, put additional strain on your grieving family members. Below, our St. Petersburg probate litigation lawyer outlines some of the most common disputes that arise during the process.

Disputes Over the Validity of the Will 

Disputes over the validity of the will arise when certain loved ones doubt the mental capacity of the deceased or suspect undue influence at the time the document was created. For example, if your loved one changed their will significantly while they were seriously ill, you may wonder if someone took advantage of their vulnerable position. These doubts can result in long legal battles and heated disputes among your loved ones.

Disputes Over Property Distribution 

There are many disputes that can arise over property distribution in probate. Beneficiaries or family members might disagree about how property should be divided. If the deceased was in a second marriage when they passed away, the surviving spouse may claim an elective share if the surviving spouse was left less than what he or she is entitled to under Florida law. This may impact the intended distribution to other beneficiaries, creating a dispute.

Disputes Regarding the Personal Representative 

Most estates that go through probate in Florida require a personal representative who oversees the administration of the estate. Personal representatives have a fiduciary duty to the estate, and this can create disputes. Loved ones may argue that the personal representative is not properly fulfilling their duties, or conflicts may arise regarding who should serve as the personal representative.

How to Avoid Probate Disputes 

While disputes sometimes arise during probate, and in some cases, they are unavoidable, there are certain steps people can take to try and prevent them. These include:

• Avoid ambiguous language: Your will, trust, and other estate planning documents should include very clear and unambiguous language. It should also clearly outline how you want your property distributed.
• Update your estate plan regularly: Outdated documents will only create confusion or possibly disputes during probate. Update your estate plan after major life events such as a birth, death, marriage, or divorce. Aside from these events, your estate plan should be revisited every three to five years to make sure it still aligns with your wishes and circumstances.
• Make your intentions known: During your lifetime, inform your loved ones about your intentions for distributing your property. This can ensure everyone knows your wishes and hopefully, will be more likely to fulfill them.

Our Probate Litigation Lawyers in St. Petersburg Can Help with Disputes 

While there are some steps that can help you avoid probate disputes, they are not all preventable. At Legacy Protection Lawyers, LLP, our St. Petersburg probate litigation lawyers can help you resolve yours to make the process as smooth as possible. Call us today at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html