Probate proceedings often involve a personal representative following the deceased person’s instructions or state intestate succession statutes. They repay debts, communicate with creditors and distribute property to beneficiaries. However, sometimes, estate administration involves a significant degree of conflict. Family members might disapprove of the conduct of the personal representative in some cases.
Other times, they question the estate plan. People are often open with their spouses and children about their estate plans. They make it clear how they intend to divide their property or who should inherit specific resources. The will that the family reviews after a loved one dies may not necessarily reflect the terms they often discussed with their families.
In such cases, families may need to take legal action before the wrong person inherits property intended to pass to another. Legal action may be possible when there is reason to believe that an outside party manipulated the testator.
People should retain control over their estate plans
The loved ones of a person drafting an estate plan do not get to demand a specific inheritance. Unfortunately, there are some people who may try to manipulate their aging family members for personal gain.
For example, the child who lives closest to the testator might threaten to stop visiting or helping them with daily life unless they receive a larger inheritance. A new spouse who married an aging individual might also abuse their caregiver position for personal gain. They might isolate the older adult from their family members and convince them that they should drastically alter the estate for their personal benefit.
If people who expected to inherit from an estate can show that the testator was vulnerable and that the person who received a surprising bequest was in a position to manipulate or control them, they may potentially have grounds to pursue a will contest on the basis of undue influence. A successful will contest can result in the courts upholding an earlier version of the will that more accurately reflected the decedent’s intentions.
Other times, the courts can set the will aside completely and apply intestate succession laws to the estate. Either scenario can be a better option than allowing a compromised will to stand.
Recognizing warning signs of an inaccurate will could help families stand up for someone who has recently passed. Probate litigation can help uphold a person’s legacy when other people try to manipulate them for personal benefit.