What Is Probate Litigation?

Probate Litigation Explained

If you are a beneficiary, executor, or interested party preparing for probate litigation, you may feel a bit overwhelmed. The passing of a loved one or friend is an emotional time compounded by the stress of their affairs, bank accounts, property, possessions, and even debts. These affairs are handled during probate, but it doesn’t always go smoothly. If an executor is challenged or a beneficiary disagrees with the proceedings, this may result in probate litigation.

Trust Heban, Murphree, and Lewandowski LLC to guide you to the right solution if you find yourself on either end of probate litigation. We provide comfort and support to beneficiaries, fight against breaches of fiduciary duty, and use our legal knowledge to simplify complicated litigation to help you understand your unique legal situation.

Read on to learn more about probate litigation and how we can help.

What is Probate?

Probate is a structured process where the estate is handled, and the last will of the deceased guides it. During probate, an executor (the individual responsible for finances, property distributions, and last wishes) must fulfill their fiduciary duty to act in good faith and complete the probate process. This includes paperwork and other legal responsibilities. For most estates, we recommend reaching out to an attorney experienced in estate law to avoid problems during probate.

What Are the Duties of an Executor?

• Reach out to beneficiaries and ensure each receives their share of the estate as indicated in the will. This is one of the first tasks to be completed.
• Locate and document assets of the deceased. They must keep said assets safe until they can be distributed to creditors or beneficiaries. Assets include property, personal belongings, bank accounts, stocks, and more.
• Get approval for the will through probate court. This can be contested for several reasons that we will discuss, including forgery and testamentary capacity.
• Wrap up financial affairs. This includes paying off creditors, notifying banks, and contacting the social security office if needed. This includes paying the final income taxes due for any income made in the deceased’s last year.

The executor can be a trusted family member or friend. Still, due to the complicated nature of probate and the changing character of individuals over time, it’s always safest to choose an attorney knowledgeable in estate law to act as the executor of a will.

Without a will, the belongings of the deceased are generally passed through intestate succession laws. These vary from state to state. In Ohio, intestate laws depend upon whether you are married, have children and whether those spouses and children are alive. A living spouse inherits the estate, regardless of child status, absent a will.

What Are Some Reasons a Will Can be Challenged?

You’ve found yourself in probate litigation, and you aren’t sure where to turn. Is the challenge valid? Do you have the validity to challenge a will yourself? Let’s explore a few reasons a will can be challenged and who has that ability.

• Fraud or Forgery – Forgery is often the least tricky challenge to prove during probate litigation. If the will or signature is proven forged, the will is no longer considered valid.
• A Lack of Testamentary Capacity – A number of factors determine whether or not a testator has the capacity to understand a will. If a testator was deemed senile, insane, or had dementia while the will was written or signed, it would be invalid as the testator did not understand the consequence of their signature. They must comprehend the value of the property and who the beneficiaries in the will are.
• Undue Influence – This occurs when a party influences the testator through threats, abuse, or disinformation. The party can be a sibling or stepchild, a spouse, or even a caretaker. The objective for the party is to increase their share of assets through dishonesty or manipulation. They often reduce other beneficiaries’ inheritance in the process.

What Are Other Reasons for Probate Litigation?

• No Agreed Upon Administrator– If there is no will, an administrator must be chosen. If the family cannot agree on a choice, the probate court must get involved through litigation.
• Executor Overcharging – If you believe an executor has overcharged for their services, you have the right to file a dispute with the help of an experienced attorney.

How We Can Help

When it comes to the courtroom, no one has more knowledge of probate litigation than Heban, Murphree, and Lewandowski. We discuss our client’s unique situation and fight for a successful resolution. We keep you involved in the process from start to finish.

Don’t go through probate litigation alone—contact us today.