When you are appointed as the executor of an estate, you’ll have a considerable amount of responsibilities and duties you must fulfill. As such, this can be a stressful process for many. However, these matters may be made even more complicated when someone files a claim against you and the estate you are overseeing. Unfortunately, many are unaware of how to navigate Probate litigation, so it’s important to familiarize yourself with this process if you are an executor. The following blog explores what you should know about these complicated issues and why working with a Medina, Ohio estate planning lawyer is in your best interest if you’re facing legal issues.
What Is Probate Litigation?
While many associate Probate with those who do not have a Will or Trust Fund in place, this is not the truth. In reality, even estates with a Will must undergo Probate to some extent. Generally, this process involves the executor of the estate submitting the Will to the Probate court so that it can be validated. Once validated, the court will oversee the distribution of assets.
However, when legal issues arise with the Will or how the assets are being distributed by the executor, the Beneficiaries and heirs of the estate and deceased may file a claim against the estate and executor. This is Probate litigation, as it takes place during the Probate process.
When Is This Necessary?
There are several circumstances that can prompt Probate litigation to begin. In some instances, it can be something as simple as a disgruntled Beneficiary who believes they are entitled to more than they received from the Will. As such, they may file a claim against the estate for a bigger portion of the inheritance.
In other instances, litigation can arise due to concerns the heirs have regarding the mental capacity of the deceased at the time they created the Will. If the Beneficaires have reason to believe the deceased was not in the right frame of mind or did not understand what they were doing when creating the Will, they can begin litigation. This is also the case if the Beneficiaries believe there was undue influence while creating the Will, meaning they believe someone took advantage of the deceased to receive more assets during the distribution process.
Finally, if the Beneficiaries have reason to believe you as the executor has breached your fiduciary duty, meaning they believe you are not acting in accordance with the Will, they can pursue litigation against you.
Regardless of the circumstances, Probate litigation can be incredibly complicated and costly to navigate. That is why it’s imperative to consider working with an experienced attorney from the Krause Law. Our dedicated estate planning attorneys can help you navigate these challenging times to fight for the best possible outcome for you and the estate. If you need legal help, do not hesitate to reach out to us today.
