Rubino Findley, PLLC is proud to announce that attorney Joseph Mannino has joined our Firm as an Of Counsel attorney.

Facebook Twitter
Call Us

Call Us Today

561.781.8250

Possible Complications During Probate

Possible Complications During Probate

Estate planning attorneys usually advise clients who have the ability to establish trusts to keep their estates out of probate. There are reasons for this. There are many complications that could arise during probate that can delay the distribution of assets and increase your expenses.

Will Contests

The biggest possible difficulty is that someone will contest the will. They may claim that someone had undue influence on the testator or that there was a lack of capacity to sign and execute the will. If they succeed, the court would decline to enforce the terms of the will, and everything is then up to the probate court. These challenges can be expensive and nasty.

Creditors Emerging with Large Debts

Part of the probate process is settling debts owed to creditors. They are paid from the estate’s assets. Things can become complicated when a creditor shows up with a large demand for payment, especially when the beneficiaries did not expect it. The creditors may have to prove that the decedent owed that money to successfully make a claim.

Issues with the Executor

In some cases, beneficiaries may take issue with how an executor is performing their duties and whether they are upholding their obligations to the estate. Upon a petition to the court, a judge can remove an executor from their position and appoint a new one. Unfortunately, breach of fiduciary duty claims against an executor are far too common, and the executor could be made to pay for certain mistakes and bad actions.

Call a Boca Raton Probate Lawyer

The estate planning and probate process can be difficult, and it is not something that you should approach on your own. Call the experienced probate lawyers at Rubino Findley PLLC at 561.220.8464 or contact us online to discuss your legal matter.

 

REQUEST A CONSULTATION