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.

Create an image of a modern, well-lit office desk with legal documents, a pen, and a computer screen displaying a property title or beneficiary deed form. In the background, include subtle, blurred elements such as a house model or title certificate symbolizing property ownership. The overall color palette should feel professional and approachable, using warm tones like browns and soft beiges to symbolize trust and stability. Add a small plant or a framed photo to create a welcoming, personal touch that resonates with family and estate planning themes.

Handling Jointly Owned Property with Right of Survivorship in Missouri

Discover how to handle jointly owned property with right of survivorship in Missouri. Learn the essential steps for recording an Affidavit of Death to ensure a smooth title transfer and avoid probate complications for surviving owners. This guide also addresses what happens when the last joint owner passes away without a beneficiary deed and provides tips for proactive management of jointly owned property. Streamline your estate planning process and safeguard your family’s interests.

April 2, 2025 No Comments

Create an image of a modest house in a peaceful suburban Missouri neighborhood, with sunlight streaming through tall trees, symbolizing transition and serenity. In the foreground, include a set of legal documents laid out on a table, with visible elements such as a pen and a title deed folder, subtly indicating the process of transferring ownership. The overall tone of the image should feel empathetic and approachable, reflecting the support and guidance offered through the probate process.

How Do I Transfer a House Title to My Name After the Owner Dies in Missouri?

Navigating the process of transferring a house title after the owner dies in Missouri can feel overwhelming, especially for heirs, executors, and beneficiaries. This comprehensive guide breaks down whether the property requires probate and outlines the various methods available for transferring ownership, including joint ownership, beneficiary deeds, and the specific probate options in Missouri. Understanding these steps will help you make informed decisions and simplify the transfer process during a challenging time.

March 13, 2025 No Comments

Create an image of a professional-looking desk with legal documents scattered neatly across the surface, including visible text elements like "final accounting" and "debt settlement." Include a gavel and law books in the background to symbolize the legal nature of probation. A personal representative figure, such as a business-dressed individual, can sit thoughtfully with a pen poised over a document. A subtle Missouri flag or outline integrated in the scene would give it a localized touch without overwhelming the image. Use warm, neutral tones to create an approachable yet authoritative atmosphere.

Closing a Probate Estate in Missouri: A Step-by-Step Guide for Executors

Navigating the closure of an estate can be daunting for personal representatives and heirs in Missouri. This comprehensive guide walks you through the essential steps to properly close an estate, from addressing creditor claims and final tax obligations to understanding the formal closure processes under Missouri law. Discover how to avoid common pitfalls and why professional legal guidance can be invaluable in ensuring a smooth conclusion to the probate process.

March 12, 2025 No Comments

A warm, softly lit image of a family sorting through personal items like heirlooms, jewelry, and photo albums in a cozy living room. Include a mix of vintage furniture, sentimental objects like a small jewelry box being opened, and some paperwork on the coffee table to symbolize the probate process and inventory. The scene conveys a sense of heritage, organization, and collaboration, reflecting the thoughtful handling of personal property.

Handling Personal Property After Death in Missouri Probate

Navigating the complexities of personal property during probate in Missouri can be overwhelming for executors and beneficiaries. This guide covers essential steps for handling personal items like furniture and jewelry, including inventory requirements, legal protections against creditors, common challenges such as loss or disputes, and best practices for smooth distribution. Ensuring compliance with Missouri law while keeping beneficiaries informed is crucial for honoring the wishes of the deceased and minimizing conflicts.

March 5, 2025 No Comments

Generate an image of a professional setting featuring a clean desk with legal documents, a laptop open to a probate checklist, and a Missouri map highlighted in the background. Include a pen and family photographs subtly positioned in the corner to evoke a personal touch. The overall lighting should be soft and welcoming, with a calm and professional color palette of blues and neutrals, signaling trust and reliability.

How to Claim a Deceased Loved One’s Bank Account in Missouri

Navigating the process of claiming a deceased loved one’s bank account in Missouri can be overwhelming. In this comprehensive guide, we explore the main methods available for accessing these assets, including joint ownership, Transfer on Death (TOD) beneficiary designations, and the probate process. Learn how to simplify the claiming process with tools like the small estate affidavit for accounts worth under $40,000, and understand when full probate may be necessary. Prepare yourself with the right steps, essential documentation, and insights on avoiding common pitfalls to ensure a smoother transition during this challenging time.

February 19, 2025 No Comments

Create an image of a professional real estate investor reviewing documents at a wooden desk in a bright and organized office. On the desk, include a title report, a small stack of legal papers, and an open laptop displaying a spreadsheet or property search tool. In the background, show a bookshelf with neatly arranged files and books on "Missouri Probate Law." Add a light map of Missouri on a wall to subtly convey the location relevance. Use warm, natural lighting to keep the scene inviting and professional.

Essential Probate Checklist for Missouri Real Estate Investors

Navigating Missouri’s probate real estate market can be complex. This essential checklist guides real estate investors through confirming ownership, identifying seller validity, assessing estate size, planning for flexibility in the probate process, and engaging expert legal support. By following these steps, you can minimize risks and maximize opportunities in probate property investments. Learn the critical elements that every investor needs to know to succeed in Missouri’s probate system.

February 12, 2025 No Comments