What Do People Fight About in Probate Court?

If you are creating an estate plan, you may have the goal of avoiding probate. That often can work, and allow your property to pass, without the time and necessity of probate. But other times, avoiding probate may be impossible, or else, there may be overlooked or newly arising issues that require probate court involvement.

Probate court can be quick, relatively affordable, and almost like a formality. But other times, it can be much more expensive and involved, and that’s often the case when matters are challenged in the probate court.

So what kind of things tend to create contested, challenged issues in probate court, which prevent probate from being just a quick necessity?

Challenges to capacity – First and foremost, are challenges to the capacity of the person who created the will or other documents being probated. Relatives or beneficiaries may contend that a will was created while the creator was mentally incapacitated, or suffering from mental infirmity, or when the creator was being coerced or under the influence of someone else.

Omitted beneficiaries – Even if the creator was lucid and of sound mind, relatives or beneficiaries who felt they should get something from the deceased’s estate, who get little or nothing, may still challenge the will. They may say that the deceased meant to do something other than what’s reflected in the estate documents. They may say they were promised something that’s not in the will.

This often happens when estate documents are created a long time ago, but they aren’t updated. So, the deceased’s life when the will was created, doesn’t really reflect the deceased’s life at the time he or she passed away.

Debts – Debts must be determined, and settled, before property from the state can be distributed. Often, it can take time to determine what debt the deceased may have had.

Real property – There are ways to keep real property out of probate. But if real property does end up in probate, there may be a lot that has to be taken care of. Decisions that the owner may have made about the home to sell it now must be made by the personal representative and then approved by the court. Beneficiaries or members of the estate may complain that they don’t want the house sold, or that it should be sold at a certain price.

There may even be arguments about whether the real property should be sold at all; some beneficiaries may want to keep it to live in it, rent it out, or just wait to sell it. In some cases, a partition action may need to be filed, asking the court to determine whether, and how, to divide the property.

Non-monetary issues – Not every fight is about money. Sometimes, people fight over family heirlooms that have no real value, and which cannot or will not be sold. Or there may be surviving minor children, resulting in a fight over guardianship.

You may or may not have a challenge in probate court but either way, we can help. Call the West Palm Beach probate lawyers at The Law Offices of Larry E. Bray today for help with your probate case.

Sources:

trustandwill.com/learn/what-is-a-partition-action?srsltid=AfmBOoqrWjri9xadRgoCRlNgUVVRstRfxaFn7SUTbBnLyTO6XOqDoHWo

trustandwill.com/learn/can-a-will-be-overturned-after-probate?srsltid=AfmBOoo9hk4tyH-bk6FAzbEXWC9dNO_Kz6U29FcD85PIPOKshvN-e0Kd