How to Resolve Family Conflicts in Probate Litigation Without Court Battles

What is Probate and Probate Litigation?

The Florida Probate Code dictates estate distribution within the state. Probate ensures payment of the deceased’s debts, taxes, and other financial obligations, transfers the legal title of the deceased’s property to beneficiaries, and resolves disputes that may arise regarding the distribution of assets.

Probate litigation is a legal dispute that occurs during the probate process. They typically involve disagreements over the validity of a will, the interpretation of its terms, or how the estate is administered. Heirs, beneficiaries, executors, and other parties vested in the outcome of proceedings may be involved.

Who is Involved in Probate Litigation?

Probate litigation tends to be more complex than other lawsuits due to the number of people involved. Petitioners and respondents may include:

• Heirs or next of kin who are closely related to the decedent.
• Beneficiaries named in the will, trust, insurance policies, or specific accounts to receive property after the death of the decedent.
• The administrator is appointed by the probate court to oversee an estate that has no will or trust. This role may also involve duties associated with the personal representative, executor, or trustee.
• Personal representative or executor named in a will to oversee the distribution of assets within the estate. The personal representative may be court-appointed and overlap with the duties of an administrator and trustee.
• The trustee is named in trust documents and is responsible for managing the assets and distributions of assets within the trust. A trustee specifically applies to trust administration but may be a part of probate litigation as well.

When is Probate Litigation Necessary?

Probate litigation refers to many types of lawsuits and petitions filed in probate court, such as:

• Administrator appointments: An administrator must be appointed when there is no will, and the family of the deceased cannot agree on who will oversee the distribution of assets. This type of litigation is typically short and is resolved once the court elects an administrator. 
• Will contests: Contesting a will is a common cause for litigation and is filed when there are concerns about the validity of the will submitted to the court. The most complicated form of will contestation involves claims of undue influence, which is when heirs or intended beneficiaries believe that someone coerced the deceased into changing their estate planning documents. Contestation litigation may also occur when the deceased may not have had the mental capacity to change their will.
• Will interpretation: Interpretation cases request that the probate court resolves disputes regarding the terms of a valid will. Unlike will contests, the lawsuits do not set aside the document but attempt to honor the deceased’s wishes when the language is vague.
• Spousal elective share: These claims are filed by the surviving spouse who wishes to exercise the right to receive an elective share of the estate. This litigation occurs when a will does not address a spouse’s inheritance or when the decedent tries to disinherit their spouse. Requesting a spousal elective share is a spouse’s right regardless of the terms of the will.
• Creditor claims: Creditor claims made against an estate are filed by creditors of the deceased who seek to satisfy outstanding debts from the estate’s assets. The estate’s representative may contest these claims as part of the administration process or through separate litigation.
• Fiduciary lawsuits: These lawsuits may be filed by beneficiaries or heirs against personal representatives, administrators, or trustees who are believed to be in breach of their fiduciary duties. 

What are the Damages and Remedies in Probate Litigation?

Two broad categories of outcomes may occur by using probate litigation: non-monetary and monetary outcomes.

Non-monetary outcomes commonly pursued through litigation are the removal of the personal representative and instructing the representative. Removing a representative may occur when:

• The representative has wasted, embezzled, mismanaged, or committed fraud towards the estate.
• The representative is incapable of proper execution of the duties or is otherwise not qualified.
• The representative has neglected the estate or has long neglected to perform any act within the representative’s responsibilities.

Monetary outcomes occur when the representative’s breach of fiduciary duties has resulted in a loss of value to the estate. In this case, the representative must pay damages to make the estate whole.

How to Resolve Family Conflicts During Probate?

Family disputes are common during probate because of how emotional the process can be. The following tips may help avoid this contention:

• Maintain open and honest dialogue: Family members should strive to communicate concerns, expectations, and wishes.
• Put aside grudges and past grievances: Emotions can run high when dealing with probate, and old wounds may come to the surface. Remember to be gracious and forgiving.
• Choose an independent fiduciary: Family members can disagree with the person named administrator of the estate. An appointed, independent administrator can serve as a more neutral administrator.
• Consider mediation: When communication does not resolve the issues, mediation may be an option. Mediation involves a neutral, court-appointed third party to assist in facilitating conversation and negotiation.
• Litigate the matter: Litigation involves taking the dispute to court so that a judge can make all decisions. 

Do You Need an Attorney?

Navigating the probate process can be daunting, especially on the heels of losing a loved one. Mistakes made during probate can result in delays, disputes, and additional expenses. No matter your role in the estate, the lawyers of Bloodworth Law, PLLC, will be able to assist you and your loved ones in coming to an agreement and ensuring the process goes smoothly. Call us today at 407-449-8958 or fill out a contact form to schedule your free consultation.