Probate Problems,Disputes and Complications

Executors and beneficiaries may not always agree about how an estate is being administered.

Questions can involve property, expenses, valuations, timing, distributions, communication, or decisions affecting estate assets.

An executor or personal representative is responsible for administering the estate according to applicable law and the governing estate documents rather than simply following the preference of an individual beneficiary.

Beneficiaries may sometimes have concerns about how an executor is handling estate property or fulfilling administrative responsibilities.

Concerns may involve:

Not every delay or disagreement indicates wrongdoing. Estate administration can take time, particularly when assets, debts, taxes, property, or other matters remain unresolved.

• Lack of information or communication
• Poor recordkeeping
• Unexplained expenses
• Delays in administration
• Improper use of estate property
• Premature distributions
• Failure to protect estate assets

Executors and personal representatives have responsibilities associated with administering an estate.

If serious concerns arise about an executor’s conduct or ability to perform those responsibilities, beneficiaries or other interested parties may have options under state law.

Depending on the circumstances, court involvement may be necessary to address the issue.

Courts may have authority to remove or replace an executor or personal representative under certain circumstances.

The reasons, procedures, and evidence required vary by state.

Disagreement with an executor’s decision alone does not necessarily mean that removal is appropriate.

Questions may arise about whether a will is valid, how its provisions should be interpreted, or whether another document represents the deceased person’s intentions.

Will disputes can involve issues such as execution requirements, competing documents, questions about capacity, or allegations of improper influence.

These matters can involve significant legal questions and may require assistance from a probate attorney.

Sometimes family members know that a will existed but cannot locate the original document.

What happens next depends on the circumstances and applicable state law. Copies of a will, evidence concerning the document, or other information may become relevant.

The absence of an original will should not automatically be treated as proof that no valid estate plan existed.

Questions can arise about whether particular property actually belongs to the estate.

This may occur with jointly owned property, personal belongings, business interests, financial accounts, real estate, or assets that family members believe were promised or transferred before death.

Ownership should be established before disputed property is sold, transferred, or distributed.

Family members or others should not assume they are entitled to remove money, belongings, vehicles, or other property simply because they expect to inherit them.

Property may need to remain with the estate until ownership, authority, debts, expenses, and distribution requirements are understood.

If estate property has been improperly removed or transferred, the executor may need to determine what action is appropriate.

Real estate can become a significant source of disagreement during estate administration.

Beneficiaries may disagree about whether a property should be kept, transferred, occupied, repaired, or sold. Questions may also arise about value, expenses, ownership, or who has authority to make decisions.

The appropriate course depends on the estate documents, the executor’s authority, estate obligations, ownership rights, and applicable law.

An executor may discover that financial records are incomplete or that assets are difficult to identify or locate.

Bank accounts, investments, insurance policies, business interests, personal property, digital assets, or other property may require additional investigation.

Maintaining records of the search for estate assets can be important as the administration continues.

Some estates do not contain enough assets to pay every debt, expense, or claim.

When an estate may be insolvent, the executor should be particularly careful about paying creditors or distributing assets because state law may establish priorities for how available estate funds must be used.

Beneficiaries may receive little or no inheritance when estate obligations exceed available assets.

Probate can be delayed for many reasons, including:

A long probate process does not necessarily mean that the executor has done something wrong.

• Difficulty identifying or valuing assets
• Real estate matters
• Creditor claims
• Tax issues
• Missing documents
• Disputes among interested parties
• Contested wills
• Business interests
• Court schedules
• Property located in another state

Some probate complications involve questions that cannot be resolved through general educational information alone.

Professional assistance may be appropriate when there is a contested will, disputed ownership, serious concerns about an executor, significant beneficiary disagreements, complicated creditor issues, litigation, or uncertainty about legal rights and responsibilities.

The appropriate professional will depend on the particular issue involved.

Recognizing a problem does not necessarily mean that an estate will become a prolonged dispute. Some issues can be resolved once additional information is obtained, records are reviewed, or responsibilities are clarified.

When a problem involves legal rights, contested property, fiduciary responsibilities, or court procedures, obtaining appropriate professional guidance can help determine what options may be available.