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3 issues that could lead to probate conflicts

On Behalf of | Jul 10, 2018 | Probate

After a loved one passes, you undoubtedly want to make sure that all of his or her final affairs are appropriately settled. If the decedent named you as executor of the estate, you will have many duties to attend to during the probate process. These duties also include handling any disputes or challenges to the will that may arise.

While you may have your fingers crossed that no issues will come about, you may not want to hold your breath. Even families that seemed to get along well enough can face a considerable amount of contention after a loved one’s death. Therefore, you may want to prepare yourself for possible issues by recognizing what aspects could lead to strife.

One person in charge

If your loved one named you as executor, you may feel ready and willing to take on all the necessary responsibilities. However, you may want to remember that some people may not take kindly to you having the sole power over the estate. Some individuals may feel jealous that you obtained this trusted position or possibly even accuse you of abusing the power that you have. A number of circumstances could lead to distrust and conflict in this type of situation.

Being left out of the will

Another issue that could lead to hard feelings and possible legal action relates to disinheritances. If individuals have multiple children, siblings or other individuals who feel that they have some entitlement to a certain asset or just some assets in general, it can come as a shock if the deceased left them out of the will or openly disinherited them. While this may seem like the decedent’s intention, the disinherited parties may still have reason to take legal action in hopes of obtaining the property to which they feel entitled.

No will

If no will exists, you may not act as executor, but you may still want to take on the role or have been appointed to take on the role of administrator. In this case, you may find yourself even more open to possible conflicts because of the chaotic nature of an estate that must follow Ohio intestate distribution laws.

Whether you obtain the position of executor or administrator, handling the necessary proceedings to close an estate can be difficult. Fortunately, you can gain help throughout the process, and with any conflicts you may face. Enlisting the assistance of an attorney could allow you to gain reliable guidance.