What Factors May Lead To Probate Litigation?
There are a number of factors that lead parties to probate court. While you can try to avoid it with proper estate planning, in some circumstances, litigation is the only solution. Sometimes a party may have multiple marriages or an unusual family situation that complicates things. Even when the decedent does the right thing in setting up his or her estate plan, the end result can culminate in conflict.
When the deceased individual was married multiple times, problems are are not uncommon. If previous marriages produced children, then the situation can become even more complex. When composing a will or trust, the decedent should ensure a clear division of assets between the current spouse and all of the children from previous and current marriages.
Another circumstance that can lead to trust disputes or litigation is the appointment of an unruly trustee or fiduciary. Often times, a close family member or friend of the deceased is given the financial power of attorney. However, a good friend or family member does not always make the best decisions. They may ignore the the law or fail to regularly communicate with beneficiaries. An inexperienced trustee or fiduciary can create future legal problems that could have been avoided by listening to solid legal advice.