Problems During the Probate Process
After a deceased has passed away, it becomes necessary to probate will. The last will and testament which has been created by the deceased– who is called the testator– should provide details on how property and assets can be distributed. The will should also name an executor who is in charge of winding up the affairs of the estate and distributing assets to the beneficiaries. The testator should file appropriate court paperwork with the probate court, which for those in Blue Ash is the probate court in Hamilton County. The probate process will involve creditors making claims, the validity of the will being determined, taxes being assessed, property values being determined, and assets being transferred.
The probate process can be confusing, and executors and heirs can benefit from getting appropriate legal assistance. Zimmer Law Firm provides comprehensive guidance to those who need help with the probate process.
When you need a Cincinnati probate attorney with the experience and skill to handle even complex probate cases, give our firm a call. We can assist with a simple and straightforward probate and can also offer invaluable assistance in cases where problems arise during the probate process.
Problems When You Probate a Will
The probate process ideally will go smoothly, with the executor filing the paperwork and the will being declared valid so assets can be distributed quickly. Unfortunately, all too often there are issues that arise which make the probate process complicated, expensive, and difficult for family members to cope with. Some of the common problems that occur during the probate process include:
- Disputes about the validity of the will: One of the most common problems that can arise during probate is when someone contests the will and claims that it should not be valid. There are a lot of arguments that could be made to contest a will. It is possible to argue that the settlor was not of sound mind at the time the will was created, or to argue that there was undue influence that caused the deceased to change his or her will. When there is a dispute over whether the will is valid, the probate process can become protracted and expensive and the estate could be tied up in court for years.
- Questions about whether there are other wills. In some situations, claims are made that a will has been lost or that a will that is being probated is not actually the most updated will. When there is confusion about which will should apply, or whether there are other wills out there, probate can also become complicated.
- Issues with the executor. Executors have tremendous responsibility to manage the probate process and to ensure that the directives of the settlor are carried out. Sometimes, however, problems can arise when it comes to an executor. The person who the settlor named in the will to act as an executor may decline to take the position and go through the probate process. Heirs could also argue that the executor is not following the settlor’s directives or is misappropriating assets that should belong to heirs.
- Disputes over the value of property. Sometimes, property valuations become necessary for various reasons, such as to determine whether taxes should be assessed on the estate or to determine how property should be divided. When there are questions about what property is worth, expert witnesses may need to be called in to provide assessments on the value of assets.
These are just a few of many different kinds of problems that could arise during the probate process. Whenever any issues arise, more money is spent in legal fees, court costs, and the costs of expert witnesses. Heirs also have to wait a longer period of time to get their inheritance and to begin the process of moving on with their lives after someone who they love has passed away.
How a Cincinnati Probate Will Lawyer Can Help You
Zimmer Law Firm provides comprehensive assistance with estate planning so you can ensure you create a legally valid will and so you can explore alternatives to probate so you and your heirs will not need to worry about any problems that could arise after your death. Our experienced legal team can also represent those who are involved in the probate process, including when disputes or problems arise.
Browse our special reports to learn more about the probate process so you will know what to expect and can try to avoid some of the common issues that occur during probate. You can also give us a call at 513.721.1513 to get the personalized legal help you need from a Blue Ash probate attorney.