Many estates flow through the probate process smoothly. However, disputes sometimes arise, and this can be especially difficult for family members who are already going through a difficult time. Family members may disagree on how assets should be distributed or even if the deceased’s will was valid at all. Keep reading below to learn more about common estate litigation challenges and how those may be handled by an experienced lawyer for estate planning in Oklahoma City.
Questions About the Validity of a Will
One of the most common disputes that ends up in estate litigation is the validity of a will. For a will to be valid, it must meet certain criteria under Oklahoma law. A will and trusts attorney in Oklahoma City suggests some common challenges to the validity of a will include:
- The testator lacked the mental capacity to execute the will
- The signature on the will was forged
- The testator signed the will under undue influence or duress
- The will has been replaced by a new will
If any of these challenges are presented, the probate court will need to review the evidence to make a decision on the validity of the will. This may include calling witnesses, especially experts like a handwriting analyst or medical professional, to determine whether the will was valid or not.
Disputes About Real Property
Real property often has significant financial and sentimental value. This may include items such as a family home, vacation homes, or other real property that was owned by the deceased. Questions about ownership of the property often come up, such as whether the property was owned as joint tenants with right of survivorship. Some heirs might even claim that they were previously given a deed to the property.
When real property disputes occur, the court will need to determine the true details of the land’s title and ownership. The court may use the quiet title process to settle the dispute, or they could even order a partition of the property so that heirs each inherit a portion of the land.
Disputes Over Personal Property
Personal property can sometimes trigger more emotions than anything else during the probate process. Items such as jewelry, vehicles, furniture, photographs, and other personal property carry significant sentimental value. Some common disputes about personal property include:
- Claims that certain items were gifted during the deceased’s lifetime
- Confusion over vague language in the will
- Allegations that heirs took property outside the probate process
- Disagreements about the inventory of personal items
Courts may sometimes need to appoint a special master to help evaluate or manage personal items during the probate process. The court could order certain items to be returned, require a revised inventory of items, or listen to testimony about the deceased’s intentions for specific pieces of property.
Disputes About the Personal Representative’s Conduct
Executors have a fiduciary duty owed to the estate, and they can be challenged if their conduct is in violation of that duty. Common disputes that involve the executor or personal representative of the estate include claims that the executor:
- Mismanaged estate property
- Favored one heir over others
- Incorrectly inventoried the assets
- Failed to safeguard estate assets
A judge may remove an executor if they find that the executor’s conduct was inappropriate. Additionally, the executor could be held personally liable for certain losses of the estate. If you are dealing with executor misconduct or any other estate litigation, contact the experienced team at Helton Law Firm today to get the help you deserve.