When someone passes away, the Will they leave behind goes through the process of probate, a court procedure that determines who gets what from the deceased’s estate. Most of the time, probates are lengthy, time-consuming, and expensive procedures. Moreover, issues from the beneficiaries’ side may also arise that may cause additional problems.
There are many different types of disputes that can occur during the process. However, some of them occur more often than others. Knowing about the common problems or disputes that can occur can help you be prepared. If you feel yourself being stuck somewhere in the process, consulting Cherry Hill NJ Probate Lawyers can help.
Common disputes that occur during probate
Questioning the validity of the Will
A Will should be drafted very carefully and outline every little detail of the wishes of the deceased. Disputes can occur when a Will is poorly written. A family member can contest over a part that is not clear or seems to be missing a point. Some people may claim that the Will is invalid because of how old it is or because the signature is not real. Even if these claims turn out to be false in the end, they can lengthen the process and waste everyone’s time.
Accusations of influencing the deceased
When a loved one is surprised at something in the Will, they may make the accusation that someone must have influenced the deceased to make changes in the document. If this person is able to prove their claim, the judge may declare some part or the entire Will invalid. Such events can be avoided by ensuring that an attorney is present when the estate plan is being written. They can ensure that the document is fair to avoid disputes.
Issues regarding proportion
Issues regarding some people getting large proportions and others getting small are all too common in Cherry Hill NJ. When the estate is not distributed equally or equitably, family members may have problems. It is usually the person who receives the smaller portions to create disputes and contest the Will. This often leads to controversies inside the family and ruins relationships.
Claiming the deceased was incapable or coerced
When people do not agree with a Will, they may make various accusations. One such accusation is asserting that the deceased was not mentally stable when they created the Will. they may also claim that the deceased was coerced or forced to include someone in the Will against their will. If the contesting person is successful in proving their claim, the entire Will becomes invalid.