Common Estate Disputes and Litigation

If you’ve recently lost a loved one things are emotional enough, but now you may face difficult questions about the Pennsylvania probate process, inheritance taxes and more. Worse yet, you may have concerns about any family or relatives challenging the Will or raising issues that you have never considered before now. Estate litigation can be stressful and contentious. The situations that can lead to estate disputes and litigation are rare but many, and below you will find some of the more common issues that are raised. 

For additional information and further reading about Probate, Inheritance Taxes and more for all 50 states, visit our friends at: https://probatestars.com/ 

Claims of “Undue Influence”

Claims of “undue influence” can arise when certain relatives are unhappy with the contents of the Will. This most often occurs when one person thinks that someone else is receiving more money or property than others. When potential heirs believe the deceased was coerced or intimidated into making certain Will provisions (or in some cases, changing their Will), claims of undue influence might be raised. 

Claims of “Lack of Capacity”

Claims alleging “Lack of Capacity” can be raised even when the Will is deemed valid. The issue raised in these situations is whether the deceased was mentally competent and had full understanding of what they were doing when the Will was created. Similar to claims sounding in “undue influence”, these claims typically arise when an heir (or potential heir) believes that he/she was treated less favorably than others. 

NOTE: Challenges to a Last Will and Testament based on Undue Influence and/or Lack of Capacity can arise even when the Will was carefully prepared by an attorney. These challenges typically arise when a family member anticipated receiving a certain amount of money or certain property, and the Will does not reflect the same. Courts are very reluctant to change or disturb the provisions contained in a valid Will, carefully adjudging the “intent of the testator”. Volumes have been written on the topic of Testamentary Intent. 

Questioning Validity of the Will

Challenges can arise in situations where the deceased person created their own Last Will and Testament. They may have attempted to use a sample form or generic template  discovered online. Often the required formalities of a valid Will are overlooked, such as the requirement of two (2) disinterested witnesses and proper notarization to authenticate signatures. When the Will is filed for probate absent the required formalities it is troublesome to prove validity. It also can open the door for challenges to the provisions of the Will raised by potential heirs. 

Challenging the Personal Representative or Estate Administrator

The Executor/Executrix (Personal Representative or Estate Administrator) has a heavy  responsibility to carry out the administration of the estate ethically and competently. When an heir (or potential heir) believes that the named executor or administrator is acting unfairly, engaging in “self-dealing” or otherwise acting in manner that is detrimental to the estate, disputes can arise. 

Challenges to the Estate Property

Technically and broadly speaking, a “decedent estate” is created the moment that a person is no longer alive. It is the job of the Executor/Administrator to identify anything and everything that may be contained in the decedent estate. It includes all of the property a person owned at the time of his/her death such as bank accounts, real estate, investment accounts, personal property and more. Whether the items were solely owned, jointly owned or possessed rights of survivorship must also be specified.

Disputes can arise in situations where an heir or family member suspects that something is missing from the estate. In some cases, the deceased described a certain item in the Will, but gave it away before death (also called “adempted” property or a “lapsed gift”). Other situations involve whether certain property was actually owned by the decedent. For example, a person who loaned property to the decedent may still have legal title to the item, thus it was not actually property of the estate.

Depending on the size and value of an estate, either an informal or formal Accounting will be required. The Accounting will list in great detail all estate property and the value of property real, personal or mixed. Beneficiaries who believe that the Accounting is not accurate in the items listed (and sometimes the value attributed) may file objections to the Accounting. 

And Finally . . . How Do Estate Disputes Happen? 

Estate disputes and litigation seem to more often arise when quite simply, a lot of money is at stake. Typically, both the estate and the challengers (claimants) have the resources to pay the costs and fees necessary for long and contentious litigation. Sometimes the challenges are valid when an Executor/Administrator is in fact acting inappropriately. However, all too often disputes arise as they do elsewhere in life. Old family grudges, offenses and slights (either real or imagined) are often at the root of many of these controversies. 

We welcome you to read the several other articles about Pennsylvania probate available free on this website. Better yet, call us for a free consultation at 1-800-755-0245 or send an instant message through our website: http://www.puzaklaw.com. We look forward to helping you through this difficult time. 

For additional information and further reading about Probate, Inheritance Taxes and more for all 50 states, visit our friends at: https://probatestars.com/ 

IMPORTANT: Every case is unique in its facts and circumstances. This article is for general information purposes and is not intended as legal advice for any particular case. We recommend consultation with a lawyer of your choice who can perform a thorough analysis of your situation and the particular rights and remedies that may apply.

©David J. Puzak, Puzak Law Offices, LLC