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What is Probate Litigation and Estate Litigation?
While it is true that having a comprehensive estate plan, including potentially both a will and trust, can simplify probate proceedings and reduce the chances of probate or estate litigation, it does not remove the risk entirely. Even those who have estate plans may still face situations that result in state litigation, wherein family members are pitted at odds with one another as they seek to acquire what they believe they deserve.
When an individual dies, their remaining estate goes through probate. This can be a costly, time-consuming, and complex legal process for everyone involved. Probate litigation involves instances of a beneficiary or heir challenging or contesting estate planning documents while raising various concerns about those documents. Probate litigation can encompass wills, guardianships, conservatorships, trusts, and more.
Though most estate litigation happens during probate, some may proceed before a loved one’s passing. Financial disputes between family members, such as complaints about the distribution of assets, designation of beneficiaries, and more, can result in state litigation.
Estate and probate litigation should be avoided if possible. Not only will such litigation prove costly, but it will also likely turn surviving family members against one another, resulting in turmoil during a state of grieving.
What Are Common Reasons for Estate Litigation?
Common reasons for probate and estate litigation include the following:
- Theft or misplacement of estate assets
- Improper distribution of assets
- Accusations of fraud or forgery
- Allegations of financial impropriety on the part of the personal representative of the estate
- Breaches of fiduciary duties
- Beliefs that the decedent was under undue pressure or duress when creating an estate plan document
- Allegations of mental incompetence which would render a will or trust invalid
- Claims by creditors against the estate
- Personal representative misconduct
- Intestate disputes
- Contesting the validity of the last will
- The existence of more than one will
- Vague wording in estate planning documents
- Disputes over guardianship or conservatorship
- Trust disputes
How to Avoid Estate Litigation?
Though there may be good reasons to consider estate litigation to get what you believe you deserve, such litigation should be avoided in most situations.
Perhaps the most surefire way to limit the prospect of litigation from occurring would be to create an estate plan with the legal guidance of experienced estate planning attorneys. With the help of an estate planning attorney, you can develop a state plan uniquely tailored to your goals and needs while ensuring that the language of the documents is clear and that beneficiaries are appropriately taken care of.
Our law firm has extensive experience representing clients with unique estate planning needs, including those worried about potential estate litigation in the future or after they are gone. To learn more about the value of retaining the legal services of an estate planning lawyer, please contact our Utah law firm to schedule your initial consultation with our legal team today.
What is the Value of Communication with Beneficiaries and Family Members?
Perhaps the most common cause of estate or probate litigation is surprise or disappointment by family members who believe they should have been designated beneficiaries or received more from the estate.
One way to prevent this sort of confusion, anger, and legal action is to clearly communicate your intentions with beneficiaries so they know what you would like them to inherit. Additionally, you should have clear and candid conversations with those you do not intend to inherit from your estate so they are not surprised later.
Clearly articulate your wishes, including your final wishes. Discuss potential inheritances. Be transparent and avoid ambiguity. Manage expectations to the best of your abilities.
Have You Selected the Right Personal Representative or Trustee?
When selecting a trustee or a personal representative for your estate plan, you must select responsible and trustworthy individuals who will act in the best interests of your beneficiaries and follow the language of your estate planning documents to the letter.
If you believe that family dynamics could be contentious or legally complicated, or you want to elevate family members from the burden of wrapping up your estate, neutral parties or professionals are a good option.
The appointed individuals who serve as personal representatives or trustees must be honest, comfortable handling such a critical role, and in good standing with their family members. Consulting with an estate planning attorney can help you determine the proper appointment for these roles.
Is the Distribution of Assets Fair?
Dividing personal property and estate assets can be challenging. It’s not uncommon for disputes to arise between surviving family members over personal items, financial accounts, and sentimental property.
Consider every beneficiary’s individual circumstances. Understand their unique needs, communicate openly about your decision-making, and consider involving a professional mediator to help facilitate productive discussions so that you may avoid the potential for litigation in the future.
Did You Prepare for Incapacity?
In addition to planning your legacy and what should transpire after your passing, it’s also essential to prepare for the potential of incapacitation.
If a medical condition, injury, or illness renders you incapacitated, you will be prevented from making personal and financial decisions. By appointing an individual with a power of attorney, they can act in your best interests if you ever become incapacitated, thus protecting your estate while you are at your most vulnerable.
If you do not prepare for incapacitation, there could be disputes between your loved ones.
Have You Regularly Updated Your Will and Other Estate Planning Documents?
Simply creating an estate plan is not enough. You must update your estate plan documents regularly to keep them relevant and accurate to your changing family situation. Whenever significant life changes occur, such as the birth of a child, the death of a beneficiary, a divorce or marriage, or other similar changes in family dynamics, you should consider updating your estate plan.
Estate planning documents that are not regularly updated could result in disputes, disagreements, will contests, and infighting between your surviving loved ones. Contact our Utah law office to learn how we may be of legal assistance.
Do You Have Backup Plans?
Even if you have created a thorough estate plan, it’s recommended that you also have backup plans in place.
You would want backup beneficiaries named in case the designated beneficiary dies. Additionally, you may want backup decision makers, such as successor trustees or alternative personal representatives, in case someone either passes away at an early age, decides they do not want the responsibility of the role entrusted upon them, or questions the individual’s ability to perform their duties.
You will also want to make plans for backup distributions. For example, if you plan to give an inheritance to a minor, what happens if the minor cannot legally inherit it? Contact our legal team to discuss your questions and concerns.
Schedule a Case Evaluation with a Compassionate Estate Planning Attorney Today
Estate litigation can be costly and emotionally draining. It can turn even the closest family members against one another and result in schisms in families that may never be repaired. If at all possible, it is wise to avoid estate litigation. We have suggested avoiding litigation via proper estate planning and open communication with your beneficiaries. Now, you must consider this advice and act before it is too late.
Our Utah law firm has years of experience helping clients with their estate planning goals, including assisting them to avoid the potential of probate or estate litigation. To learn more about how we may be a useful legal guide to you and your loved ones throughout the estate planning process, please contact our law offices to schedule a case review today.
You may reach us at 385-334-5024.
