6 Causes of Probate Disputes and How to Avoid Them

millman law group probate disputes

Avoid probate disputes with the help of an experienced estate planning attorney.

When a loved one passes away, they leave behind an estate that must be managed and administered to heirs. The first thing to do is move through the probate process. Probate is the legal process in which the deceased’s estate is distributed to their beneficiaries, heirs, debtors, and more. Probate involves the decedent’s family and money, which can lead to disputes and legal battles between the parties involved. Working with the experienced estate planning attorneys at The Millman Law Group can help you avoid potential probate disputes, including the most common ones listed here. 

The Chosen Personal Representative Refuses The Role

In a will, individuals are required to name a personal representative, or executor, to manage their will after they die. If the person creating the will does not confirm that their chosen personal representative wants this role, problems may arise when the time comes. Whatever the reason for the personal representative to refuse their duties, your attorney can help you find the next legal choice for the representative and make sure this person understands their role

Allegations of a Breach of Fiduciary Duty

Personal representatives have a fiduciary duty to ensure that everything they do serves to carry out the deceased person’s final wishes. Sometimes, the personal representative may fail their responsibility, or the beneficiaries may suspect wrongdoing. 

Either way, the estate’s beneficiaries can file to remove that person from their role. The court also has the power to remove those failing their duties. 

A Contested Will

The decedent may have created a few versions of their will after a significant life event, such as remarriage. Probate disputes may arise from parties who feel their inheritance is at stake. Having an experienced attorney by your side in these cases can help you navigate how to confirm the legality of all estate documents. 

Defending Against Large Creditors Claims

Legitimate creditor claims are often debts that must be paid before the beneficiaries and heirs are given their inheritance. However, these heirs have a right to make creditors prove that they are owed that much, especially if the creditor makes a large claim. The state may also make large claims to recover some of the money it paid toward Medicaid benefits. 

Out-of-State Assets

Probate laws are different in every state. While Florida has its own statutes, they may not necessarily apply to assets found in another state. If your loved one has a winter cabin in Colorado and a primary residence in Florida, the probate process may involve conflicting laws between these states. In this instance, your attorney will need to coordinate with a reliable attorney in the other state. 

Failing to Hire an Experienced Probate Attorney 

If you want to avoid probate disputes and the confusion and conflict that can come with them, work with an experienced estate planning attorney. At The Millman Law Group, we are familiar with the court systems, statutes, and processes and can provide the guidance you need. We can help you avoid these disputes before they become time-consuming problems.

Estate Planning Made Easy With Millman Law Group

Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.