The surviving family members and other loved ones of someone who has died usually want to uphold their last wishes. They often review estate planning documents carefully and do their best to follow the instructions that the deceased individual provided.
The will or estate plan determines what happens with someone’s property and even establishes who handles the probate process. Typically, families allow the personal representative managing the estate to handle the entire process without any interference. However, some estates end up embroiled in litigation. Family members, heirs or beneficiaries file lawsuits asking for the intervention of the courts.
What prompts people to sue over the estate of someone they knew?
Concerns about documents
One of the most common reasons for families to pursue probate litigation is a fear that the document may be inaccurate or inappropriate. Sometimes, families contest the terms outlined in a will because they clearly violate state probate law. Other times, the terms may be legal, but the circumstances leading to their establishment may be questionable.
Family members may worry that a beneficiary who also served as a caregiver to the decedent abused their authority. They may believe that late in life changes to an estate plan occurred because the decedent experienced cognitive decline. When there are concerns about the validity or legality of the state planning documents, family members may initiate a will contest in probate court.
Issues with a personal representative
Frequently, family members accept the terms of an estate plan but express worries about the execution of that plan. When the personal representative of an estate mismanages estate resources, family members might intervene to protect the assets they expect to inherit. Concerns about embezzlement or theft can also lead to an attempt to remove a personal representative.
Litigation to remove and replace an estate administrator might also occur after the personal representative becomes incapacitated due to their own medical condition. A failure to take necessary acts as the state administrator or a history of not following estate instructions might lead to family members seeking to replace the personal representative.
There are many valid, reasonable situations that may inspire people to initiate probate litigation. Heirs, concerned family members and personal representatives who know why other people file lawsuits may recognize when one is necessary or how to best respond to one.
