3 Common Complications During Probate

Law Blog

Do you have a loved one that recently passed away? Did they leave behind a large estate with significant assets? Before those assets can be distributed to heirs, the estate will likely have to go through a process called probate. Probate is the legal process of settling one's estate. It involves notifying heirs, filing taxes, identifying assets, and more. It can be a lengthy and costly process, depending on what is involved in the estate.

In many cases, probate goes smoothly and the assets are eventually distributed. However, that's not always the case. Issues can arise that lengthen the probate process and even cause legal fees and other costs. Below are three of the most common probate complications, along with tips on how to handle them:

Disagreements between family members.

It's common for family members to disagree and even fight during the probate process. Emotions are high, and it's a difficult time for everyone. This can often happen when there isn't a will or when there's a dispute about whether the will is valid.

The best way to avoid this is to have a clear will that leaves no room for argument. However, if that isn't the case, the estate may need to hire legal representation or a mediator to resolve the dispute. It's often in everyone's best interest to reach a compromise. A long legal fight can drain the estate of assets.

Multiple state laws.

Sometimes an estate may have assets in multiple states. The deceased could have a vacation home elsewhere or vehicles stored in other states. This can create problems because now the estate has to follow the probate laws of the other states as well. That can be a lot of work for the executor. In this instance, you may have to hire a lawyer in the other state to help guide the process. 

Executor not doing the job. This is an unfortunate issue, but it does happen. In some cases, the executor may simply refuse to do the job. They may not have time or they may not want the responsibility. Whatever the reason, it creates legal issues when an executor won't fulfill their duties. 

Someone has to replace the executor. That could be a family member, but there may not be someone willing to do it. The court could also assign someone, like a lawyer. However, that can create expenses for the estate.

To learn more, contact a probate assistance firm in your area. 


12 October 2022

Car Accident Clues

It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.