3 common causes of probate disputes

On Behalf of | Feb 24, 2022 | Estate Valuation |

After you die, your estate may need to go through the probate process. Probate refers to the legal process of transferring property to the correct beneficiaries following the death of the estate owner.

According to the Minnesota Judicial Branch, whether an estate goes through probate depends on the type of assets you own when you die. If probate does need to occur, there are several types of disputes that can arise surrounding this process.

1. Breach of fiduciary duty allegations

The executor of an estate, and anyone else involved with the probate process, has a legal obligation to make sure everything that occurs mirrors what the decedent would want. The beneficiaries can file to remove the executor if they suspect that wrongdoing has occurred.

2. Executor does not want to participate

If you leave behind a will, it is your executor’s responsibility to distribute your assets to the correct beneficiaries. If your executor is not okay with managing this role, a delay or issue with the probate process can arise.

3. A contested will

If a few versions of a will exist, or the beneficiaries disagree about the terms of the will, those involved can contest the will during probate. Those who have their inheritance at stake are often the ones who will contest a will.

These are just a few types of probate disputes that can occur after you pass away. Carefully creating your estate plan and outlining your terms explicitly can reduce the likelihood of a dispute among your family members of beneficiaries after you die.