One of your family’s biggest nightmares is that a will could be challenged in the probate process. Will contests and other probate litigation take what could already be a difficult process and make it far worse. Here are some reasons for probate litigation.
One of the most common reasons for probate litigation is the fact that someone has disputed the validity of the will. Usually, someone has either been left out of the will or has gotten less than they thought they would. When that happens, they may challenge the fact that someone else had undue influence on the testator, or the person making the will, did not have the required capacity.
Probate is the last time that creditors have to be paid the debts that they are owed by the decedent. They would submit their claims to the estate, and the executor would decide whether to pay them. In some cases, the executor denies the claim and will not pay the creditor. When that happens, a creditor files a lawsuit against the estate.
Finally, a beneficiary could claim that the executor has breached their fiduciary duty to the estate. The executor must place the estate’s interest over their own, and they can be personally liable if they breach the fiduciary duty or do not act with proper care.
Probate litigation can be expensive and stressful, and it is better to avoid it altogether by resolving disputes out of court. However, it is a necessity in some cases.
Contact a Lincolnshire Estate Planning Attorney
The attorneys at Charles T Newland & Associates work with families on estate planning matters, and we can help if you run into difficulties such as litigation. To schedule a consultation with an attorney, call us today at 847.797.9300 or send us a message online.