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Being named the executor of a loved one’s estate is an enormous responsibility, one that may take considerable time and resources to fulfill. The probate process can take up to a year, even under the best circumstances, but a variety of issues may arise that cause further delays. Below are a few common problems that may require the expertise of a skilled attorney.

Probate Issues That Often Occur

1. The Executor Is Not Available

If the executor named in the decedent’s will has passed away or is otherwise unavailable, the court will have to appoint someone else to guide the estate through probate. In some cases, the named individuals simply may not wish to serve in this role.

2. A Family Member Contests the Will

If an individual does not believe the will is legally valid, they may be able to contest its contents in court. The plaintiffs must show that the deceased signed the document under duress, or was somehow the victim of fraud.

3. Creditors File Expensive Claims

attorneyPart of the probate process is ensuring that all valid debts are paid off before assets are distributed. However, your attorney may be able to contest some of those debts in court, potentially preserving assets for the beneficiaries.

4. Valuable Assets Cannot Be Located

Another executor’s responsibility is cataloging the estate’s contents and locating those items specifically named in the will. If those belongings have been sold or liquidated before the decedent passed away, significant delays and conflicts may result.

5. The Executor Neglects Their Duties

Executors are legally required to act in the best interests of the estate. If they fail to follow their duties or begin serving their own interests, you’ll need an attorney to ensure your family member’s last wishes are respected.

 

Whether you’re planning your estate or managing the affairs of a family member, the attorneys at Scott & Heenan LLC will provide the high-quality legal guidance you need. For over 50 years, their team has assisted Grant County, WI, clients with a variety of legal matters, including these and other probate disputes. Visit their website or call (608) 348-9506 to schedule an initial consultation.

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