How to Handle Probate Disputes: Recognizing Common Conflicts and Finding Solutions

Dan Schnurbusch
August 10, 2023

Probate disputes, or litigation surrounding the administration of a deceased person’s estate, can be a bewildering experience. Even the most amicable families may find themselves tangled in the thorny thickets of legal jargon and court proceedings. At Schnurbusch Law, our aim is to shed some light on the commonly overlooked intricacies of probate disputes, and guide you through the resolution process.

Identifying Common Probate Disputes

Disputes during probate often stem from a vague or contentious will, disagreements over asset distribution, or allegations of malfeasance by the executor or personal representative. Understanding the common causes of these disputes is the first step on the path to resolution.

Contesting a Will: From claims of undue influence to accusations of mental incapacity, beneficiaries often challenge the validity of a Last Will and Testament.
Asset Distribution: Disagreements over the interpretation of a will’s provisions on who gets what can heat up quickly.
Executor Misconduct: Accusations of mismanagement or malfeasance by the appointed executor or personal representative can lead to disputes.

Resolving Probate Disputes

Legal Counsel

Engaging a probate attorney is beneficial for interpreting Missouri’s probate laws and understanding your rights, ensuring the estate is managed correctly. Oftentimes, we find that family members are simply confused about what their rights are and what the appointed representative is and is not allowed to do.

For example, we recently had a client who did not understand what his rights were in the estate. As it turned out, his rights were not as great as he had hoped. What appeared to be evil behavior by his sister, who was appointed Personal Representative, turned out to just be her doing her job.

Sometimes, however, misbehavior is occurring. A lawyer can help you understand what is going on in an otherwise complex system.

Mediation

Less adversarial than court proceedings, mediation brings disputing parties together to negotiate a mutually acceptable resolution, often with the help of a neutral third party.

Litigation

In some cases, going to court becomes inevitable. Should this happen, we at Schnurbusch Law are dedicated to ensuring your voice is heard and your rights are upheld. Although most of our practice relates to undisputed probate matters, occasionally we will handle this sort of matter or refer it to specialized litigation counsel.

Conclusion

Even though probate disputes can be challenging and complex, they needn’t be overwhelming. With the right support and guidance, disputes can be resolved efficiently and fairly. At Schnurbusch Law, it’s our mission to help families in St. Charles and St. Louis, Missouri, navigate these waters with confidence and security.

Contact Us

If you’re seeking an ally in navigating the realm of probate law, feel free to get in touch with us through our contact page. We’re here to help.

Dan Schnurbusch

Dan is the owner of Schnurbusch Law, an estate planning and probate law firm in the St. Louis and St. Charles areas of Missouri.

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