When to Contest a Probate in Court

Some people I talk to tell me they want to contest the way a probate is being handled. I always say, "Why?" Sometimes they say, "Because I don't like the way it is being handled." To that, I  say, "That might not be good enough."

Our estate planning and estate settlement law firm doesn't accept new Contested Probate clients. But I've seen probates cause many disputes. Probates can be contested for any number of reasons. Here's a few:

1. A person did not have the capacity to understand what he was doing when he signed his Will (sometimes tough to prove).
2. A person was improperly infuenced by another to sign a Will (also sometimes tough to prove).
3. Someone disagrees with the executor's Detailed List of assets and debts.
4. There is ambiguity in the interpretation of a Will (sometimes a judge has to ultimately decided the intention of the person who wrote the Will).
5. There is disagreement about the ownership status of assets.
6. Upon a surviving spouse's death, heirs of the first spouse demand an accounting - most people don't understand what this is.
7. There is a dispute about personal effects - either their existence or their distribution.
8. An hier accuses an executor of mismanaging estate assets or improperly acting in his role as executor.
9. Someone wants the Will revoked because it did not meet the formal validity requirements.

Feel free to comment if you are aware of more grounds to contest a probate. I've had a number of requests to "file suit" in a probate that I have not been able to accomodate. Here's just a few of my favorites:

1. "I want to sue the estate because the deceased told me he wanted me to have his house."
2. "I want to sue the estate because the deceased told me he wanted me to have his house - and there are witnesses who saw him say it that will testify."
3. "I want more of my dad's estate because I was the only child in town and I took care of him for the last five years."
4. "I want to sue my step mom because my dad left his estate to her."
5. "I want to sue my long lost brother - even though he is in the Will - because he did not communicate with my dad in the last ten years."
6. "I want to use this document that my mom typed on the computer even though it is not notarized."
7. "I want to sue somebody because it is not fair."

If you know more not so legitimate reasons to question a probate, add your comment below.

So what can you do to ensure that your family doesn't get torn apart in a contested probate? You can plan ahead, the right way, the first time, with the right estate planning attorney, so that no one has grounds to contest the program that you put in place.