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3 types of conflicts that can arise during probate

On Behalf of | Jun 24, 2022 | Estate Planning

The probate process can trigger several different types of conflicts. Knowing some of the common disputes that can arise during probate can help you prepare yourself for the road ahead – whether you are navigating it yourself or completing your own estate planning.

Personal arguments

The death of a family member can push family ties beyond their breaking points. Even the most intact family can wind up at odds, further complicating the probate process and making it even more difficult to resolve challenges.

Personal disputes can stem from:

  • Perceived personal slights
  • Old or ongoing rivalries
  • Conflicts over how to divide sentimental property
  • Disputes over running family businesses
  • Doubts or challenges regarding the executor’s administrative decisions

These conflicts involve personal and emotional components, making them so painful.

If you are navigating probate after a loved one’s death, know that these complications can and do arise. If you are debating whether to create an estate plan, think about the strain others could experience if you leave behind no guidance or confusing directions.

Legal complexities

Several legal details must be resolved during probate, from validating a will to distributing assets. At any point, parties could raise concerns, questions or objections that create legal delays and disrupt the process. 

Some examples of legal complications that can arise include:

  • Claims that the decedent was a victim of undue influence
  • Challenges to an executor’s accounting
  • Mistakes in asset distribution
  • Challenges to debts
  • Confusing over trust accountability

These disputes can involve intricate legal elements and details that make them difficult to resolve. Often, parties can prevent them by having a clear and comprehensive estate plan.

Financial losses

Probate disputes can dramatically affect the amount of money beneficiaries receive. Money may come out of their hands because of:

  • Lawsuits
  • Discovery
  • Financial mismanagement
  • Interference with an inheritance
  • Fines

These expenses can add up quickly. When they come out of the estate funds or beneficiaries’ pockets, it can cause considerable anger. 

Mitigating these losses completely may not be easy or possible, but working with an attorney can help parties do so through conscientious estate planning and guidance throughout probate. You can call 814-833-2222 to speak with an attorney at the Quinn Law Firm and discuss your options and rights.

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