Estate litigation arises when disputes occur while a deceased person’s estate is administered These conflicts can delay asset distribution, strain family relationships, and lead to significant legal expenses. Understanding the common causes of estate litigation can help you recognize potential issues and take steps to prevent them.
Disputes Over the Validity of a Will
Challenges to the validity of a will are one of the most frequent causes of estate litigation. Common claims include:
- Undue Influence: Allegations that someone manipulated the deceased into making or changing a will in their favor.
- Lack of Capacity: Claims that the deceased lacked the mental capacity to create or amend the will due to illness, age, or cognitive decline.
- Improper Execution: Disputes arising from technical errors, such as missing signatures or improper witnesses, can invalidate the will.
Clear communication and proper legal guidance during the drafting of a will can help prevent these types of disputes.
Breach of Fiduciary Duty
The executor or trustee of an estate has a fiduciary duty to manage and distribute assets responsibly. When beneficiaries believe the fiduciary has mismanaged funds or property, favored one beneficiary over others, or failed to follow the terms of the will or trust, they may file a lawsuit alleging a breach of fiduciary duty. Fiduciaries can protect themselves by maintaining detailed records, communicating transparently, and seeking professional advice.
Ambiguous or Conflicting Terms in the Estate Plan
When a will or trust contains vague or contradictory language, beneficiaries may interpret the terms differently, leading to disputes. For example:
- Ambiguities in asset distribution.
- Conflicting instructions about property ownership.
- Unclear designations of beneficiaries.
An estate plan that is regularly reviewed and written can reduce the likelihood of these issues.
Exclusion of Heirs or Unequal Distributions
Leaving one or more family members out of a will or distributing assets unevenly can lead to emotional conflicts and legal challenges. Disinherited heirs may contest the will, claiming they were unfairly excluded due to undue influence or other reasons.
While it is the deceased’s right to distribute their assets as they see fit, clear documentation of their intentions and open communication with family members can help avoid disputes.
Disputes Over Non-Probate Assets
Not all assets pass through probate. Life insurance policies, retirement accounts, and jointly owned property often have designated beneficiaries. However, conflicts can arise when:
- Beneficiary designations are outdated or unclear.
- Multiple parties claim ownership of the same asset.
- The deceased failed to update their estate plan to reflect life changes.
Ensuring beneficiary designations are current and consistent with the overall estate plan can help prevent these conflicts.
Claims of Fraud or Forgery
Allegations of fraud or forgery can lead to serious legal battles. This occurs when someone claims that:
- A will or trust was forged.
- Fraudulent documents were introduced to alter the estate plan.
Proactive measures, such as working with an experienced attorney and using reliable witnesses, can help validate the authenticity of estate documents.
How OC Trial Group Can Help
Estate litigation is often stressful, time-consuming, and emotionally charged. At OC Trial Group, we understand the complexities of these disputes and provide skilled legal representation to protect your interests. Whether you are an executor, trustee, or beneficiary, our experienced attorneys can help resolve conflicts efficiently and effectively. Contact us today to schedule a consultation.