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What is a probate dispute?
A probate dispute occurs when there is a disagreement over the distribution of a deceased person’s assets under their will or following state intestacy laws (when there is no will).
Challenges may be based on allegations that the will was made under undue influence, coercion, fraud, or when the decedent lacked the mental capacity to create a will.
Beneficiaries or interested parties might dispute the actions or decisions of the executor or trustee managing the estate or trust, alleging mismanagement, theft, or failure to act in the beneficiaries’ best interests.
Disputes can arise over ambiguous language in a will or trust document, leading to conflicting interpretations about the decedent’s true intentions for asset distribution.
Disputes can arise over ambiguous language in a will or trust document, leading to conflicting interpretations about the decedent’s true intentions for asset distribution.
Disputes may involve claims by surviving spouses or children who were omitted from the will or believe they are entitled to a larger estate share under state law.
Allegations that the executor, administrator, or trustee has breached their fiduciary duty by not acting in the best interest of the estate or the beneficiaries.
Probate disputes can be complex, requiring legal proceedings to resolve and often involving litigation in probate or surrogate courts.
Questions or disagreements about who qualifies as a legitimate heir under the law, especially in cases without a will (intestate succession). This can become particularly contentious in families with complex dynamics, such as those with stepchildren, children born outside of marriage, or where the paternity of an heir is in question.