Contested Probate
Dealing with the loss of a loved one can be incredibly difficult. Following their passing, you may have to go through the probate process to ensure their estate is administered according to their Will. While probate often runs smoothly, there are times when disputes arise, leading to contested probate.
When family members or beneficiaries disagree about the validity of a Will or the distribution of assets, it can result in lengthy and emotional legal battles. At Bishop Estate Law, our team is equipped to help you handle this taxing process. With our team by your side, you can rest assured that probate will go smoothly and quickly.
What is Contested Probate?
Contested probate is a legal challenge that occurs during the probate process when one or more parties contest the validity of the deceased’s Will. Most often, the individual or group contests the distribution of assets or raises concerns about the executor’s actions. However, this may also involve disputes over the Will’s authenticity or concerns about how the estate is handled.
Several parties may contest probate, including beneficiaries, heirs who feel they were unfairly excluded, or individuals who suspect wrongdoing by the executor. Once probate is contested, the matter goes to court, where a judge will evaluate the claims’ validity and determine how the estate should be handled.
Contested probate can complicate the distribution of assets, delay the resolution of the estate, and create emotional stress for everyone involved, especially immediately following the passing of your loved one. When you work with Bishop Estate Law, you can trust that our team will help you navigate these disputes and ensure your interests are represented.
Common Causes of Contested Probate
There are various reasons why contested probate disputes may arise, many of which involve questions about the Will’s validity or the executor’s actions. Some of the most common causes of contesting a Will include:
- Will Validity Disputes: A Will can be contested if there is reason to believe it was not created legally, if the deceased was not of sound mind when it was drafted, or if undue influence was involved.
- Disputes Over Executor Conduct: The executor of an estate has a fiduciary duty to manage the estate in the best interests of the beneficiaries. If there are concerns about how the executor handles funds, follows the terms of the Will, or acts in their own interest, beneficiaries may contest their actions in court.
- Disagreements Among Beneficiaries: When multiple beneficiaries are involved, conflicts can arise over how assets should be distributed. This is especially true when the Will is vague or unclear. Beneficiaries may contest the terms of the Will if they feel entitled to a larger share of the estate or if they believe another party is unfairly favored.
- Disinheritance or Unequal Distribution: A major source of probate disputes involves an heir’s disinheritance or the unequal distribution of assets. If a close family member is left out of the Will or receives a smaller inheritance than expected, they may challenge the Will’s validity in court.
What to Expect During This Process
If probate is contested, the estate will undergo a more complex legal process than standard probate. The first step in contested probate is filing a formal objection in probate court. This objection outlines the reasons for contesting the will or the executor’s actions. The court will review the objections and determine whether they warrant further investigation.
In contested probate, both sides must provide evidence to support their claims. If the dispute involves the Will’s validity, handwriting experts or other specialists may be brought in to analyze signatures or documents. The probate court will hold hearings to evaluate the evidence presented by both sides.
Each party’s attorney will argue their case, and the judge will ultimately decide how the estate should be handled. Depending on the case’s complexity, the court may appoint a neutral party to act as a mediator or investigator. Once the judge has reviewed the evidence and heard arguments, they will issue a ruling on how the estate should be administered.
No matter how a judge rules following probate, having a team of experts like our team from Bishop Estate Law is essential. With our support, you can trust that we’ll look out for your best interest and ensure your loved one’s assets are handled with care.
Handling Probate with Care
Contested probate can be a stressful and emotional experience, but you don’t have to go into this process alone. Bishop Estate Law is here to provide expert legal guidance and support throughout the entire probate process. Whether you’re facing a will dispute, concerned about executor misconduct, or need help resolving a disagreement, our team can help you protect your rights and reach a resolution.
At Bishop Estate Law, we’re committed to providing compassionate and skilled legal representation. If you would like to schedule an appointment to learn more about how we can assist you in resolving contested probate, contact us today.