Probate is a structured process for settling a loved one’s estate, ensuring expenses are paid and the remaining assets are distributed to heirs and beneficiaries.
But there are times when probate can become a source of conflict. Emotions run high, or some estate planning documents are unclear or outdated, leading to tensions during an already difficult time. Understanding the most frequent causes of probate disputes can help you take steps to avoid them.
1. There is no estate plan
One of the most common reasons disputes arise occurs when a person dies without a will. In that situation, Minnesota’s intestate succession laws determine who inherits. Oftentimes, those rules don’t reflect what family members expected or believed their loved one wanted. This leads to disputes between spouses, children, stepchildren or other relatives who feel unfairly excluded.
Disputes may also arise if a will is never updated to reflect major life events, such as marriage, divorce or children.
2. Allegations of undue influence
Claims of undue influence frequently occur if a family member or caregiver is perceived to have pressured or otherwise coerced the decedent into changing their will shortly before death to disproportionately benefit the influencer. If the other heirs believe the individual was not acting of their own free will, they may challenge the will’s validity.
3. Conflicts with the personal representative
The personal representative has a fiduciary duty, meaning they must act in the best interests of the estate and its beneficiaries. There may be problems if any of the heirs believe the personal representative is mismanaging the assets, showing favoritism to particular beneficiaries, delaying distributions or failing to communicate.
You can help to prevent probate disputes among your loved ones. Open communication with family members can significantly reduce the risk of conflict. A legal representative can help ensure your estate plan is clear, compliant with Minnesota and federal statutes and accurately reflects your wishes.
