4 reasons for probate litigation

The passing of your loved one may have left you feeling shocked. You may have felt as if your family member was here one minute and gone the next, and that scenario can often be the case. Still, you know that even though he or she has passed away, a great many things need to happen to settle the estate's final affairs.

When it comes to probate, the chances of conflict are often considerable. Individuals may choose to challenge a will or otherwise fight about an aspect of the estate, and they will need to settle these issues before the estate can completely close. Whether you hold the position of executor and need to act on behalf of the estate or simply feel that you need to bring attention to a possible problem, estate conflicts can take time to handle.

Reasons for disputes

A considerable number of reasons could lead to will contests or other estate-related disputes. In fact, a person could have a purely unique reason for wanting to challenge certain information. However, the following list represents a few common reasons for fights during probate:

  • Uncertainty: This issue lands among the most common reasons for estate disputes. If a person did not create an estate plan, the family may not know how he or she truly wanted to distribute the property, and following Arizona intestate laws may not be satisfying.
  • Sibling rivalry: Siblings commonly fight growing up, and while some of that bad blood may dispel with age, others may always have a contentious relationship. As a result, that tension could cause issues if one sibling feels cheated.
  • Executor appointment: While your loved one may have chosen his or her executor for good reason, some individuals may not feel that the representative fits the role, and contention could arise.
  • Disinheritance: Not everyone feels close to relatives, and your loved one may have chosen to disinherit an estranged family member. While this action is legal, do not feel surprised if the disinherited person challenges that detail.

From a parent marrying a younger person shortly before death to beneficiaries having different socioeconomic statuses, you or another family could have a multitude of reasons for challenging a will.

Probate litigation

In many cases, these disputes lead to probate litigation that can delay the settling of an estate for some time. If you play a role in such a case, you may find it beneficial to enlist the assistance of an attorney who could help you understand your legal rights and options.

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