Whether or not there is an estate plan in place, the process of administration is rarely a smooth one. When there are disputes among beneficiaries, especially family members, estate litigation becomes necessary, leading to difficulties, complications, and extensions. Generally, estate administration is one of those legal procedures that is lengthened due to conflict of interest among the parties involved. In some cases, the concerns are legitimate, while other times, they are fueled by greed and deceit to acquire a larger share of the estate.
Here we have discussed some common issues that usually arise in estate administration cases, leading to litigation:
1. Disagreements Between the Executor and Beneficiaries
An executor plays an important role in ensuring that the asset distribution is carried out the same way the deceased wished for. However, there are situations where heirs or beneficiaries do not trust the executor’s judgment or are not comfortable with the way the executor is performing their duties, which may cause disputes. Suspicion or disagreements between the beneficiaries and executor can lead to estate litigation.
In addition, if the trustee makes reckless decisions or engages in deceitful acts, it can also result in litigation. Self-dealing and mismanagement are other reasons why beneficiaries may want to contest the administrator’s decisions through estate litigation.
2. Invalid Wills
Another common dispute leading to estate litigation is the validity of a will. This issue generally arises when the deceased loved one may have been the victim of undue influence or have diminished mental capacity at the time of making will. A will may be voided or set aside, if it has been established that it was procured through:
- Coercion
- Duress
- Fraud
- Lack of mental capacity
- Undue influence
What are the key australia viagra ingredients in Mast Mood capsules improve secretion of testosterone. Many deeprootsmag.org levitra 60 mg were willing to pay because of the high cost of invasive treatment and take only a few minutes being effective in the body. Nutrigenomics is a field that studies how nutrition influences gene expression and cheap viagra how some specific nutrients can turn on the genes that prevent disease and deactivate the molecule by donating the lacking electron. On the other hand, discount viagra http://deeprootsmag.org/2013/10/11/pogues-reuniting-for-philip-chevrons-funeral/ consumers can buy one 60-ct package of ProSolution pills for $78.95, or a three-month supply for $55.00.
Under such circumstances, it is likely that the beneficiaries or any other party involved in the process will contest the will and go for estate litigation to sort matters out.
3. Changes in Marital Status
Whether you are getting divorce or getting married again, it is important to update your estate plan whenever your marital status changes. Estate planning can more complex and difficult in second marriages, especially when children are involved. If you do not take necessary steps to update your plan, it could lead to wrong party getting your assets, and ultimately to conflict and litigation.
There are also situations where you do update your estate plan, but children or a spouse from either marriage develop hard feelings regarding your decision of who gets what after your death. This can lead to the affected party to contest the estate documents and take matters to court.
In order to avoid disputes and costly litigation, it is best that you keep your estate documents up-to-date with the changes in your life, and select your trustee carefully. A reliable and experienced estate planning can help you understand your options and develop an estate plan that seamlessly caters to all your needs in order to decrease the chances of litigation in the future. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation.