The process of probating a will can be long, expensive, and complicated, even when everything otherwise goes smoothly. However, if a legal problem arises, it can potentially result in additional complications that can drag out the probate administration process for months or years. Here are five potential legal issues you should be aware of that could arise during probate administration:
- Challenge to the last will and testament
- One particular issue that can arise during probate administration is that one or more interested parties could challenge the validity of the will or other testamentary documents. This challenge may arise due to genuine concerns over the will, or it could be an attempt to maximize their personal inheritance. Either way, once the will has been challenged, it can become a nightmare to sort out the legal issues that may arise.
- Will is out of date
- Another problem that can emerge during probate administration is that the will or other estate documents are seriously out of date. This can lead to problematic situations like someone being granted property that the testator did not own by the time they passed away, or someone being named as an heir who has themselves since passed away. This can create a variety of other issues that will need to be sorted out, costing both time and money.
- Dispute over different versions of the will
- On occasion, someone will uncover an alternative version of the will that they claim is the actual valid version, compared to the one that was previously being probated. If this happens, it can become surprisingly difficult to determine which version of the will is valid. Moreover, it can become especially difficult if there are substantial differences between the versions, meaning one or more heirs may benefit from the dispute.
- Dispute over named executor or trustees
- Another issue that can arise when administering an estate is that someone objects to whoever is chosen as the executor or trustees. This may be a result of not trusting the named executor or trustees to handle their duties impartially, or it may be a result of concerns over the competence of the named fiduciaries. Either way, it can become a serious battle for an executor or trustee to hold their position in the face of that kind of an objection.
- Allegations of fiduciary misconduct
- Probate administration may also come to a halt if someone accuses the executor or trustees of engaging in some kind of misconduct, violating their fiduciary duties. This could mean neglecting their legal responsibilities, or it could mean there are concerns of abusing their position for personal enrichment. Either way, if such a dispute happens, you should make sure you have a lawyer with experience handling probate administration issues.
The estate law attorneys at David J. Lorber & Associates, PLLC will work with you to handle any legal matters that may arise during the process of probating an estate. For comprehensive estate law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.
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