Probate disputes can get very messy and complicated. One thing that can have a big impact on how likely disputes are to arise during the probate process is what the deceased had as an estate plan. Well-designed estate plans can help with dispute prevention. Estate planning mistakes, on the other hand, could increase the likelihood of probate disputes.
Three mistakes that can create very challenging situations in probate and lead to disputes during the probate process are:
- Not exercising sufficient care when choosing who to name as a personal representative in one's estate plan.
- Not taking proper steps to ensure the legal documents in one's estate plan are in fact valid.
- Simply not having an estate plan.
Explanations of how these mistakes can lead to probate problems and how to help prevent these mistakes can be found in this article on our website.
One would hope that all individuals would take care to steer clear of these mistakes in their estate planning. Unfortunately, sometimes, a family will find that the estate plan of a deceased loved one did have errors, mistakes or shortcomings that create significant complications and contention when it comes to probate.
When a family is facing a challenging probate situation, it is important for them to understand what disputes could arise and what options they have for dealing with these potential disputes. Even in challenging probate situations, creative legal solutions may be able to help lead to workable resolutions. Probate attorneys can give legal guidance to individuals who are facing probate disputes or problems in relation to a deceased loved one's estate.