Common Disputes That May Arise During Probate

Losing a loved one is one of the most difficult things you will ever go through. During this time of grief, you may not even want to think about going through a legal process. Unfortunately, if your loved one did not take certain steps before they passed away, you may have to go through the probate process. A number of things occur during the probate process, including possible disputes between heirs, beneficiaries, and others involved.

If disputes are not handled properly during the probate process, they can drain resources from the estate. These disputes do not only lower the value of an estate, but they can also place additional and unnecessary strain on grieving loved ones. Below, our New Port Richey probate lawyer explains in greater detail.

Will Disputes

If loved ones question the mental capacity of the deceased at the time they wrote their will, or they suspect the deceased was under undue influence at the time of drafting the document, it could lead to a will dispute. For example, if your family member made significant changes to their will while they were seriously ill, you may have concerns that someone took advantage of their vulnerable state. These questions can lead to lengthy legal battles and heated disputes among your family members.

Property Distribution Disputes

Property distribution during probate can result in a number of disputes. Family members and beneficiaries may disagree about how property should be distributed. For example, if the deceased was in a second marriage at the time they passed away, the surviving spouse may claim their elective share as allowed under Florida law. If this is more than the deceased left the surviving spouse in their will or other estate planning documents, this can affect the amount of assets distributed to other beneficiaries, leading to a dispute.

Personal Representative Disputes

The majority of estates that are subject to probate in Florida require a personal representative. The personal representative administers the estate under the oversight of the probate court. Personal representatives have many duties and this can create disputes among loved ones. Heirs of the estate may not believe the personal representative is properly fulfilling their duties, or they may even believe the representative is in breach of their fiduciary duties. Any problem with the personal representative can create disputes during probate.

Creditor Disputes 

Creditors have a limited amount of time to file a claim against an estate during probate for unpaid debt. Disputes can arise regarding the validity of the debt, the amount of debt, and more. These disputes can also lower the value of an estate and cause unnecessary delays during the probate process.

Our Probate Lawyer in New Port Richey Can Help with Disputes

At Messina Law Group, P.A., our New Port Richey probate lawyer can guide you through the process and help resolve any disputes as they arise so you can avoid unnecessary delays and cost. Call us now at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html