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Many estates go through the probate process to verify that everything is settled after a loved one passes away. However, things may not always go as smoothly as you would like. Here are some issues that can come up during the probate process that you need to be aware of.
The Picked Executor Cannot Perform Their Duties
It's possible that the person that was identified to be the executor is unable to perform their duties due to several reasons. A common reason is that the person does not want to be the executor, and the deceased never told the person in advance that they were chosen for that role. It is also possible that the chosen executor passed away sometime after they were picked to be the executor, and a new executor was never picked. In either of these situations, the probate court will decide who should be the executor. There is typically an order of who is picked based on how close the person is to the deceased, but this can cause a lot of problems when someone is picked to be the executor that others do not agree with.
The Accounting Has Issues
Part of probate involves totaling up what the estate is worth to determine its value. What can happen is that there is a dispute about the accounting and what things are actually worth. This could include overvaluing assets — where you know that selling items will not cover the debts that the estate needs to pay — or undervaluing assets that are worth more than what you are being told. This problem actually requires that you bring in a lawyer to help contest the probate process and make sure that things get on the right track.
The Heirs Dispute Their Inheritance
Another problem that comes up is when heirs of the estate are not happy with what they receive for their inheritance. This can cause someone to dispute the process because they feel justified in receiving more. Common causes for this could be that they believe a document has been forged and that the current will is not the actual one. They may also believe that the deceased was not in a proper mental state when they made the final changes to their will, such as removing someone from the will or changing their inheritance. Once again, this issue will require an attorney.
Contact a probate attorney for more information.
Share25 February 2021
