Five Major Issues That May Arise During Probate

When you are mourning the loss of someone you love, the last thing you want to think about is dealing with legal and financial matters. Unfortunately, the probate process does not wait, and if you are not careful, you could find yourself dealing with significant legal issues that you may have avoided. Here are five major issues that may arise during probate:

1. Someone attempts to dispute the will
   • One of the most disruptive things that can happen during the probate process is someone disputes the validity of the last will and testament. This can be done for entirely valid reasons, such as there being questions about the capacity of the testator when the will was created, or if a newer version of the will was located. It can also be done to try to invalidate the will for the benefit of one or more beneficiaries that did not get as much as they wanted.
2. Someone disputes the value of assets in the estate
   • Likewise, someone may attempt to dispute the valuation of the assets left behind by the estate. This is important not only for determining the value of what people have been left by the estate, it is also important for determining potential tax liabilities. Thus, if there is any reason to believe that an asset’s valuation is incorrect, it is likely to give rise to some kind of dispute.
3. The appointed executor does not want the responsibility
   • As part of writing a last will and testament, most people will appoint someone to act as the estate’s executor, the person responsible for ensuring the will is properly executed. However, nothing can actually force someone to take on that responsibility, and they can refuse it, potentially causing delays when a new executor needs to be appointed. Additionally, issues may arise that mean an executor can no longer handle the responsibility, requiring a new executor to be appointed during probate.
4. Someone claims the executor was not doing their job
   • The executor of an estate has a fiduciary duty to ensure that the estate is distributed the way that the testator wanted, and that means keeping up with all important deadlines and filing requirements. However, they can be removed from that position if they are accused of being negligent in their responsibilities. This can disrupt the probate process, but may sometimes be necessary if an executor has failed in their legal duties.
5. Creditors want to claim assets to pay off debts
   • If the testator died with significant amounts of debt, there is a chance that their creditors will attempt to collect their debts from the estate during probate. This can be a complicated and difficult process, and could deprive many beneficiaries of the estate of money or property they would otherwise have received. That is why you should make sure to speak to a lawyer with experience handling probate issues, who can assist you if this kind of problem arises.

The elder law attorneys at David J. Lorber & Associates, PLLC will work with you to determine whether a guardianship might be necessary for your loved one, and help you to get a guardianship that will suit your needs. For comprehensive guardianship and elder 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.