When family gathers to settle the estate of their loved one, emotions often run high. Even with the best of intentions, disagreements can arise over the distribution of assets, sparking a contested estate during probate. It is a scenario that plays out all too often, with siblings, spouses, and other beneficiaries clashing over the interpretation of a loved one’s wishes.
But what drives these disputes? The answer lies in understanding the common pitfalls that can lead to a contested estate, from unclear or outdated wills to unresolved family conflicts. The following breaks down some of the most common reasons for these disputes and provides tips to reduce the risk of falling victim to these same mistakes.
#1: Disagreement over validity of the will
A will must meet specific legal requirements to be valid in Florida. Challenges to a will’s validity frequently occur. Common challenges include allegations of:
- Lack of testamentary capacity: This argument involves allegations the testator, or creator of the will, did not understand the nature of the document and/or the extent of their assets.
- Undue influence: Someone coerced the testator into writing the will in a way that benefited them.
- Fraud: This argument is based on the allegation that there was the presence of deception or misrepresentation when creating a will.
Successfully challenging a will invalidates it. If invalidated, Florida law then dictates asset distribution. This often means distribution according to prior wills. It can also mean distribution according to intestacy laws.
#2: Disputes over the distribution of assets
Even with a valid will disputes regarding asset distribution can arise. These disputes often stem from ambiguous language in the will, disagreements over asset valuation, or claims that certain assets should not be included in the estate.
Clear and precise language when drafting the will minimizes these disputes and independent appraisals can resolve valuation disagreements.
#3: Breach of fiduciary duty
The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Common allegations of a failure to meet this obligation include:
- Mismanagement of estate assets.
- Self-dealing where the personal representative benefits personally from estate transactions.
- Failure to properly account for estate funds.
Beneficiaries can petition the court to remove a personal representative who breaches their fiduciary duty. The court can also order the personal representative to compensate the estate for any losses.
Understanding these common reasons for contested estates allows for proactive planning. It also allows for informed decision making during probate administration. Seeking legal advice from an experienced Florida probate attorney is always recommended. This helps to minimizes the risk of costly and time consuming disputes.
