Probate can be a challenging and lengthy process, especially when there are disputes, complicated assets, or unclear instructions in a will.
Probate involves the legal process of validating a will, settling a deceased person’s debts, and distributing their assets. While this process is necessary for transferring assets, it often comes with hurdles that can delay or complicate the process.
At Checkett, Pauly, Bay & Morgan, LLC, located in Carthage, Missouri, and Nevada, Missouri, we help clients address the challenges of probate with compassion and professionalism. It’s crucial to know potential challenges and how to handle them properly to make sure that the probate process runs as smoothly as possible.
Common Challenges in Probate
When it comes to probate in Missouri, there are several common obstacles that families and individuals may face. From disputes over the validity of a will to dealing with assets that are hard to distribute, the process can get overwhelming.
Knowing what to expect and having an experienced probate lawyer by your side can make a significant difference in resolving these challenges. Here are some common challenges.
Disputes Over the Validity of a Will
One of the most common and stressful challenges in probate is when family members or beneficiaries dispute the validity of a will. This can occur for a variety of reasons, including:
Claims of undue influence: If someone believes that the deceased person was coerced or manipulated into signing the will, they may contest its validity.
Lack of testamentary capacity: If the deceased person wasn’t mentally capable of understanding the consequences of their actions when creating the will, their will may be challenged.
Improper execution: If the will wasn’t signed or witnessed according to Missouri law, it may be deemed invalid.
If a will is contested, it can significantly delay the probate process, increase legal costs, and cause family rifts. It’s essential to have proper legal representation to work through these disputes and defend the will's validity.
Debt Settlement Issues
During probate, one of the first tasks is to pay off the deceased’s debts before distributing assets. However, in some cases, settling debts can be tricky, particularly when:
The estate doesn’t have enough assets: If the estate is insolvent or doesn't have enough funds to cover the debts, creditors may take action, and the personal representative (executor) will need to prioritize payments.
Disputed claims by creditors: Sometimes, creditors may present invalid claims, or there may be disagreements about how much is owed.
To resolve these issues, the personal representative must carefully review all claims and seek professional guidance if necessary. Ignoring creditors’ claims or mishandling payments can result in personal liability for the representative.
Complicated or Unclear Asset Distribution
Probate can be further complicated if the deceased person’s assets are difficult to value, difficult to divide, or not clearly outlined in the will. Some common issues include:
Jointly owned assets: Assets like bank accounts or real estate that are jointly owned can bypass probate and transfer directly to the surviving owner. However, if there are multiple heirs or conflicting interests, this can cause disputes.
Business interests or partnerships: When a deceased person owns a business or shares in a partnership, there may be challenges in dividing the business or determining how the business will continue operating.
Unknown or missing assets: In some cases, the personal representative may find hidden or previously unknown assets that require attention and distribution. This can cause delays in the probate process and complicate the distribution of the estate.
To avoid complications, it's important to work with a probate lawyer who can help verify that all assets are properly accounted for, valued, and divided according to the will and Missouri law.
Beneficiary Disputes
Another challenge in probate arises when there are disputes between beneficiaries over the distribution of assets. This can happen when:
There are unclear instructions: A will that lacks clarity or has ambiguous language can lead to confusion and disputes between heirs.
The deceased person made verbal promises: If the deceased person made promises to distribute certain assets to specific individuals but didn’t put them in the will, disagreements can arise among beneficiaries.
Family conflicts: Family dynamics can sometimes make it difficult to resolve probate matters fairly. Disagreements among family members can escalate, causing tension and delays in the process.
In these cases, mediation or legal intervention may be required to resolve disputes and ensure that the deceased’s wishes are honored.
Delays in the Probate Process
Probate can be a lengthy process, and delays are common for a variety of reasons. Some of the reasons probate may take longer than expected include:
Court backlogs: Probate cases are often subject to court scheduling, which can lead to delays in hearings and final decisions.
Finding heirs or beneficiaries: If there are difficulties in locating all the heirs or beneficiaries, this can delay the probate process.
Disagreements among heirs: As mentioned earlier, disputes between family members or beneficiaries can significantly slow down the process. The court may need to get involved to settle disagreements, leading to even longer delays.
While some delays are unavoidable, an experienced probate lawyer can help minimize unnecessary delays by confirming that all necessary paperwork is filed on time and advocating for a speedy resolution.
Mismanagement of the Probate Estate
If the personal representative or executor mismanages the probate estate, it can lead to complications and even legal consequences. Common examples of mismanagement include:
Failure to properly file documents: Missing deadlines for filing necessary probate documents can cause delays and even result in the dismissal of the probate case.
Failure to communicate with beneficiaries: A lack of communication with beneficiaries can lead to misunderstandings and frustration. It's important for the executor to keep everyone informed about the progress of the probate process.
Inappropriate distributions: Distributing assets to beneficiaries before all debts are paid or before the court approves the distribution can create problems and legal liabilities for the executor.
To avoid mismanagement, personal representatives must be diligent, organized, and knowledgeable about their responsibilities.
How to Overcome Probate Challenges
While probate can be complicated, there are several ways to overcome these challenges effectively. Here are some strategies to help create a smoother probate process:
Have a clear and legally sound will: The best way to prevent disputes is to create a well-drafted will that clearly outlines your wishes and complies with Missouri law. Working with an experienced estate planning lawyer can help make sure that your will is properly executed and enforceable.
Consider using trusts: Trusts are a useful tool for avoiding probate altogether. By placing assets into a trust, those assets can be transferred directly to beneficiaries without going through the probate process. This can help reduce delays, avoid disputes, and simplify asset distribution.
Communicate with beneficiaries early: If you’re the personal representative, keep beneficiaries informed about the progress of the probate process. Open communication can help reduce misunderstandings and prevent disputes down the road.
Seek professional help: Working with a probate lawyer can be invaluable in overcoming the challenges of probate. A lawyer can help with everything from validating the will to settling debts, addressing disputes, and verifying that the estate is distributed properly.
Help ease your or a loved one’s probate process by involving an experienced probate attorney from the start. They can make sure that the process goes as smoothly as possible.
Contact Us Today
If you're facing challenges in probate, it’s important to consult with an experienced probate lawyer who can help you. At Checkett, Pauly, Bay & Morgan, LLC, we serve clients in Carthage and Nevada, Missouri, as well as throughout Southwest Missouri.
Our experienced attorneys are here to guide you through the probate process and help resolve any issues that arise. Contact us today to discuss how we can assist you with your probate needs.
