Probate litigation arises when family members or other interested parties disagree on how to handle a deceased person’s estate. These disputes can be expensive, making it important to understand the common causes.
Will validity disputes
A common cause of probate litigation is a challenge to the validity of the will. Family members may argue that the decedent created the will under duress, lacked mental capacity, or signed it fraudulently. Kentucky law provides specific provisions regarding will revocation and revival.
Ambiguities in the will
Probate disputes often stem from unclear wills. Vague language about asset distribution or specific bequests can lead to different interpretations. When beneficiaries disagree on how to divide the estate, they may turn to the court for clarification of the decedent’s wishes.
Executor misconduct
The executor’s role is to administer the estate according to the decedent’s wishes. If an executor mismanages assets, delays distribution, or acts with a conflict of interest, beneficiaries may take legal action. Transparency is key, and when an executor fails to keep beneficiaries informed, it can lead to disputes.
Disagreements over asset distribution
Disagreements about how to divide assets often lead to probate litigation. When beneficiaries feel that the estate did not distribute assets in a fair manner, they may contest the will or seek legal recourse. Disputes can also occur when someone believes the will excluded certain assets or heirs.
Claims against the estate
Creditors or individuals who believe they are owed money may file claims against the estate. Family members or beneficiaries might contest these claims, especially if they feel they are unwarranted. Disputes over debts owed by the decedent can lead to legal action, especially if the estate has limited assets.
Understanding the common causes of probate litigation helps avoid unnecessary conflicts. By addressing potential issues early, you can prevent costly and time-consuming legal battles.