Disputes That Are Likely To Arise During The Probate Process And How An Attorney Can Help Resolve Them

Posted on: 23 January 2023

For many, the probate process is fairly smooth, and the beneficiaries get their rightful inheritance soon after the testator passes on. However, others take longer than expected, especially when disagreements arise. This leads to extra expenses and a longer waiting period for the heirs. For example, you may also not see eye to eye with the person responsible for administering your loved one's estate. In such a case, it might be advisable to hire a lawyer to resolve the dispute and help you to get your rightful inheritance. A legal advisor can help you to resolve the following types of disputes:

Failure to Provide Financial Information

The person appointed to implement your loved one's will has an obligation to disclose the estate's financial details so you can see how they're handling it. This will let you know whether there is any misappropriation of the funds you are supposed to inherit. Unfortunately, the executor might be hesitant to disclose this information in some cases, especially if they have not acted as they ought. It can lead to a dispute requiring litigation in order to compel them to provide you with the information you require. In any event, your lawyer will take the necessary legal steps to ensure you get a detailed estate accounting.

Being Prevented From Accessing Your Inheritance

An estate administrator is only an implementer of the will's contents. As such, they should not make decisions that go against the deceased's wishes, including preventing beneficiaries from receiving an inheritance or gift they're rightfully entitled to. If they do, you can take legal action against them. Your lawyer can assist you in getting evidence to prove that the executor is interfering with the inheritance. The legal practitioner will then file a lawsuit against the administrator, enabling you to safeguard the right to inherit what the deceased allocated you in their will.

The Unfair Distribution of Assets

You can also take legal action against the executor if they don't act in your best interests, e.g., if they distribute assets unfairly. In such a case, your lawyer can file a claim against them for illegally awarding someone else the assets or money you are supposed to inherit. It will enable you to get a court order compelling the administrator to award you the inheritance you deserve.

A probate attorney can provide invaluable help if disputes arise during the probate process. This includes mediating for you to try and resolve the issues without going to court. Nonetheless, if this fails, they will take your matter to court so that you can get a fair determination. 

For more info, contact a local probate attorney