When it comes to divvying up assets, things can get ugly fast. In some cases, even the best-laid estate plans leave room for debate. Disputes over who gets what can stir up rivalries that have been simmering for years.
Unclear Terms In The Will
If a will is murky, beneficiaries can find themselves in a tug-of-war. This often happens with high-value assets like real estate or family businesses. Everyone wants a piece of the pie, but figuring out who gets what can lead to heated arguments, even after appraisers are brought in to evaluate the estate.
Gifts Given While Testator Was Alive
Imagine Uncle Joe gives your cousin a fancy car while he’s still alive, but there’s no note about it in the will. Now, the rest of the family is up in arms, saying that cousin’s share should be reduced. These types of disputes are common, especially when there’s no paperwork to back up what the decedent wanted.
Multiple Versions Of Decedent’s Last Will
Now picture this—three different wills, all with different instructions, dated years apart. Which one is valid? The answer isn’t always clear, and families often argue over whether the most recent will reflects the decedent’s true wishes. Probate litigation attorneys cut through the confusion and sort out which document holds up in court.
When these kinds of disagreements rear their heads, having a probate litigation lawyer on your side can be a lifesaver. Next, take a look at what happens when executors fail to live up to their responsibilities.
Executor Misconduct & Removal
Executors hold an important position, as they are responsible for carrying out the instructions in the decedent’s will and managing the estate during probate.
However, not all executors fulfill their duties responsibly. Sometimes, they drop the ball—either through careless mismanagement or outright theft.
Executor misconduct can take several forms. Executors must keep clear records of all transactions involving the estate, but some fail to do so, leaving beneficiaries in the dark about the handling of assets. In more serious cases, an executor might embezzle funds or make decisions that benefit themselves at the expense of the heirs.
Executors also have a duty to act impartially and fairly when dealing with beneficiaries. If an executor shows favoritism or refuses to communicate important updates, they may be accused of breaching their fiduciary duty. A beneficiary can file a petition in probate court seeking the removal of an executor who has acted improperly.
If an executor crosses the line, beneficiaries can ask the court to remove them. In some instances, mediation offers a faster solution. Other times, a judge will appoint someone new to handle the estate.
San Diego Probate Attorneys
12626 High Bluff Dr Suite 440,
San Diego, CA 92130
(858) 333-8844
https://www.SanDiegoProbateAttorney.com/
