Probate is the legal process of administering a deceased person’s estate, including validating their will, paying debts, and distributing assets to beneficiaries. While probate can be straightforward, it often becomes complicated when disputes arise among heirs, beneficiaries, or other interested parties. These conflicts can lead to emotional strain, delays, and costly litigation.
Below, we explore the most common probate disputes and how our Montana probate litigation attorney can help resolve them.
Will Contests
One of the most common sources of conflict in probate is a challenge to the validity of the will. Family members or other interested parties may allege that the will was forged, improperly executed, or created under undue influence or coercion.
How an attorney can help: Our probate litigation lawyer can investigate the circumstances surrounding the will’s creation, gather evidence, and present a compelling case either to uphold the will or challenge it, depending on their client’s position.
Claims Of Undue Influence
Undue influence occurs when someone manipulates the decedent into changing their will or estate plan for personal gain. This is especially common in cases involving elderly or ill individuals who may be vulnerable to pressure.
How an attorney can help: Our attorney can identify red flags—such as sudden changes to the will, isolation from family, or unusual beneficiary arrangements—and use witness testimony, medical records, and other evidence to prove undue influence.
Disputes Over Executor Or Trustee Conduct
Executors and trustees have a legal duty to manage the estate or trust in the best interests of the beneficiaries. Allegations of mismanagement, self-dealing, or failure to provide required accountings can lead to litigation.
How an attorney can help: Our probate litigation lawyer can petition the court to remove or replace an executor or trustee, demand a full accounting, and seek restitution for losses caused by misconduct.
Asset Distribution Disagreements
Even when a will is valid, beneficiaries may disagree over how assets are distributed—especially when the language in the will or trust is vague. Disputes often involve sentimental items, family businesses, or real estate.
How an attorney can help: Our attorney can interpret ambiguous language, negotiate compromises, or, if necessary, ask the court to rule on the proper distribution of assets.
Creditor Claims
Creditors can file claims against an estate to collect debts owed by the deceased. Disputes may arise over the validity of these claims or the priority of payment.
How an attorney can help: Our probate litigation lawyer can review creditor claims, challenge invalid debts, and ensure that valid debts are paid according to legal requirements without depleting the estate unnecessarily.
The Role Of A Probate Litigation Attorney
Probate disputes require both legal skill and sensitivity. Our probate litigation attorney can:
- Investigate and gather evidence to support your case.
- Navigate complex probate laws and deadlines.
- Represent you in court proceedings and settlement negotiations.
- Protect your inheritance rights and the integrity of the estate.
Probate disputes can be emotionally and financially draining, especially during an already difficult time. Whether you’re contesting a will, defending against allegations, or addressing executor misconduct, having our experienced probate litigation attorney on your side can make a significant difference.
If you’re facing a probate conflict, don’t wait—consult our probate litigation lawyer as soon as possible to protect your interests and work toward a fair resolution. At Silverman Law Office, PLLC, we are here to help.