Probate is a legal process that occurs after someone dies. It ensures that their assets are distributed according to their wishes or, in the absence of a will, according to state law. While probate is designed to be a straightforward procedure, it can become complicated, especially when family members disagree on how assets should be distributed.
Meaning of verification
Probate is a court-supervised process that validates a deceased person's will or, in the absence of a will, determines how their assets will be distributed. The process serves several key functions: probate of the will (if one exists), inventory and valuation of the deceased person's assets, settlement of debts and taxes, and distribution of remaining assets to heirs or beneficiaries. The probate process usually begins when the executor named in the will (or a court-appointed administrator) files a petition with the probate court. The court then oversees the process, ensuring that the deceased person's wishes are met and all legal requirements are met.
Challenges in verification disputes
Probate disputes can arise for a variety of reasons, including disputes over the validity of a will, concerns about the distribution of assets, and conflicts between beneficiaries. These disputes can be emotionally charged and can lead to protracted legal battles, further complicating an already challenging time for the family. A common challenge in probate disputes is the issue of multiple parties with conflicting interests. For example, siblings may disagree about how to divide assets, or a family member may contest the validity of the will, claiming it was executed under duress or undue influence.
Influence of multiple lawyers
When the family members involved in the verification process each have their own lawyer, this can significantly affect the dynamics of the procedure. While legal representation ensures that each party's interests are adequately represented, it can also lead to increased costs, prolonged negotiations and increased tensions between family members.
The involvement of multiple attorneys can result in conflicting legal strategies and objectives, making it difficult to reach a timely resolution. Additionally, the adversarial nature of litigation can strain family relationships and exacerbate existing conflicts.
Dispute verification process
When family disputes arise during probate, the process can become more complex and lengthy. Disputes can arise at various stages of the process, from contesting the validity of the will to disputes over the distribution of assets.
1. Disputing the will: If a family member disputes the validity of the will, they can file a formal objection in court. Grounds for contesting a will may include claims of undue influence, incapacity or fraud. The court will then hear evidence from both sides and make a decision.
2. Mediation or Negotiation: Before resorting to litigation, parties may try to resolve their disputes through mediation or negotiation. A mediator facilitates discussions between the parties to reach a mutually acceptable agreement. Mediation can be an effective way to avoid the time and expense of litigation while preserving family relationships.
3. Court case: If disputes cannot be resolved amicably, the matter may proceed to litigation. Each side presents its case to a judge, who will make a decision based on the evidence presented. Litigation can be costly and time-consuming, and the outcome may not always be favorable to all parties involved.
4. Distribution of assets: After disputes are resolved, either through negotiations or litigation, the remaining assets are distributed according to the terms of the will or state law. The executor or administrator is responsible for ensuring that assets are distributed correctly and that all legal requirements are met.
Duration and expectations
The duration of verification procedures in the context of family disputes can vary greatly depending on the complexity of the case, the number of parties involved and the willingness of the parties to cooperate. Simple uncontested probate issues can be resolved in a matter of months, while contentious disputes can drag on for years, draining financial and emotional resources. When family members agree on some aspects of asset distribution but disagree on others, the probate process becomes more nuanced. In such cases, the court may approve partial settlements during the adjudication of outstanding cases. This approach allows for the efficient resolution of disputes by ensuring that the interests of all parties are adequately addressed.
Navigating probate disputes within a family can be a challenging and emotionally charged process. By understanding the complexities of the probate process, seeking legal advice when necessary, and being open to negotiation and compromise, families can work toward resolving conflicts and achieving a fair distribution of assets. While disagreements may arise, approaching the will with patience, diligence and a willingness to find common ground can help ease tensions and pave the way for a smoother resolution.
Justin Stivers is an investment advisory representative and provides advisory services through CoreCap Advisors, LLC. Stivers Law is a separate entity and is not affiliated with CoreCap Advisors.