Common estate disputes and how to resolve them

On Behalf of | Feb 4, 2020 | Probate & Estate Administration |

Disagreements among beneficiaries in matters regarding estates are frequent after the death of the property owner. Different issues arise regarding asset distribution, whether the deceased left a will or not. 

In most cases, these disputes get to high intensities that the only solution is going to court. It mostly happens with large estates. The following are some of the common estate disputes. 

Delayed probate application 

According to the Denver Bar Association, executors have the role of applying for probate, which will administer and divide estate assets. While there is no legal framework, this should not take more than a year. If it exceeds this time frame, the beneficiaries may seek the assistance of the Supreme Court to compel the executor to obtain a grant for probate. 

Unfair assets transfer 

Disputes arise when beneficiaries believe there is unfairness in asset transfer. It involves a forensic exercise seeking to find out whether the law authorized all the transfers. 

Disagreements on the fate of the assets 

Most common disputes on the future of assets occur when one beneficiary may wish to retain certain assets such as a home while others want to sell it. One recipient may buy others out as long as they agree on the value of the asset. 

Will kit will 

These are wills prepared at home. There may be doubts about their validity, including the absence of a witness, issuing under the influence, or they may contain ambiguous terms. Citizens Advice provides requirements for a valid will and failure to meet them results in invalidity of the estate plan.