Most decide to create an estate plan not only to protect their assets but to also help evade disputes and probate. Unfortunately, it is impossible to predict all the scenarios the future will bring, meaning, the probate process will be necessary.
Even when an estate must enter the probate process, this does not mean it is littered with disputes and complications. A well-crafted estate plan can aid with the probate proceedings, helping the estate move through probate smoothly. But some matters are not so fortunate. When disputes arise during probate, it is important to understand the resolutions available to you.
Probate process
At Lange, Quill & Powers, PLC, our law firm understands that probate could complicate an already difficult time. While still grieving and coping with the loss of a loved one, the probate process can leave you feeling confused and emotional. With over 40 years of legal experience, our knowledgeable attorneys have handled a vast array of probate matters. Additionally, they have extensive experience in estate planning, which assists our clients when it comes to avoiding probate, resolving disputes and navigating probate.
Disputes during probate
When an estate enters probate, it might feel very procedural and appear to be going well and as it should. However, it is important to be aware of what this process looks like as well as the responsibilities of a will executor and estate administrator. Administrative or accounting errors can have significant impacts, including possible criminal and civil consequences. Furthermore, any mishandlings could lead to disputes and additional hurdles in the probate process.
While the disputes that could arise during probate can be vast and very unique to the matter, there are some common reasons a dispute will need to be litigation for a resolution. This includes will contests, the removal of a trustee, disputes concerning executor fees and issues concerning administrator appointments.
While many seek to evade probate when establishing an estate plan, you cannot avoid probate once the process is deemed necessary. Thus, it is important to understand your situation, the process and what options you have when it comes to issues and disputes that arise. A legal professional can help answer any questions you might have, helping you better navigate the probate process.