Common Pitfalls In Probate Litigation: How To Protect Your Interests

In this article, you’ll discover:

• How failing to understand probate laws will hurt your case
• How improper valuation of assets causes problems in probate
• The importance of proper communication between a personal representative and heirs in the probate process

What Is The Simplest Way To Understand The Term “Probate”?

The best way to explain probate is: “You have a relative who passed away, and you need to know how to transfer your relative’s assets to their heirs.” Probate has its own set of specific laws and requirements, and understanding them is key to a smooth and successful process.

How Can Failing To Understand Probate Laws Hurt My Case?

Real estate is one of the most significant areas of probate that can become a problem. If you’re trying to sell a house in a deceased person’s name, you might get the sale started. When you get closer to closing, the title company will ask: Who is the personal representative? Where are their Letters of Authority? The title company will need this information to prepare a personal representative’s deed. You’ll have to stop the sale and get that process started.

That’s one of the most significant issues of not filing a probate. While it’s easier to transfer cars, transferring cash can be more complicated. A bank will only release money to people on the account if a personal representative is appointed.

What Are Some Common Misunderstandings People Have About Probate Timelines?

Clients think they can take their paperwork to an attorney and get a check next week. It doesn’t work like that. The first timeline that comes into play is the deadline for creditors. If you publish a notice to creditors, that deadline is four months. If you don’t publish, that deadline is a year.

For this reason, it makes a difference if you have an attorney who understands the process and shortens the timeline by publishing the notice. After that, probate can be done in under a year.

Many cases take longer than a year if you have problems selling the assets. For instance, you may have difficulty getting the property prepared, ready for sale and on the market because there are so many possessions in the house. Clients don’t think about scenarios like that, which can slow the probate process.

What Are The Risks Of Appointing The Wrong Executor, and How Can I Avoid Them?

Some executors view their appointment as an opportunity to correct wrongs done in the family. You want to ensure the person you appoint understands this is a job, not an honorary position. They must carry out the will of the decedent.

That doesn’t mean the executor decides who gets what; they follow the instructions in the will. If there’s no will, they follow whatever is listed in the statutes. It’s not their place to correct perceived injustices done in the family.

Attorney Tammy Akers is a seasoned lawyer based in Colorado Springs, CO, who has helped countless clients like you navigate the intricacies of estate planning law. With 40 years of experience, she is prepared to assist you with the obstacles of probate so you can finally settle that estate.

Still have questions? Ready to get started? Contact the Law Firm of Tammy W. Akers, LLC at (719) 985-8192 today to schedule an initial consultation.

How Does Improper Valuation Of Estate Assets Cause Problems In Probate Court?

One way improper valuation can cause problems is if you are required to divide the assets. If you don’t have a proper value on the assets, you don’t know who gets what.

On monetary accounts, valuation is straightforward because the value is whatever is in the account. However, on real property, it’s more complicated. Suppose you don’t want to sell the property. If you’re going to have some family members keep the property and others receive money for their share, that could result in someone not receiving what was intended for them if you misvalue that property.

How Does A Lack Of Clear Communication Between A Personal Representative and Heirs Complicate Probate?

A personal representative must communicate clearly with the heirs because they trust you to do what’s right. They may not understand probate will take longer than anticipated, so they become nervous when they don’t see any action.

The representative can prevent that situation by providing heirs with a monthly update. If you’re selling property, update the heirs anytime something changes. In that way, they know that you’re on top of it. It’s a matter of importance to you because it’s undoubtedly a matter of importance to them. If you keep communication open, you prevent the worry of not knowing what’s happening.

Can You Share A Case Where Probate Litigation Became More Complex Than Expected?

I had a case where there weren’t a lot of assets in the estate. The primary asset was a house. The house was sold, but half of it went to another estate because the decedent’s second wife also had an interest in the property.

We had to work with the other estate to get permission to sell the house and pick the realtor. It complicated the situation more than we had hoped. However, once the two estates got everything lined up and sold, the proceeds were divided, and everything went much better.

Though the process took quite a bit longer than anybody had anticipated, by working together, we were able to get the estate settled.

How Will You Support Me When Probate Lasts Longer Than Expected And Becomes Increasingly Stressful?

I will communicate with you so you know what’s going on and have realistic time frames for expecting the next step in the process. We understand this is a serious time for you and you can call me if you feel frustrated, have questions, or simply need to talk.

We need to ensure you understand the process and that we know this is difficult for you. You also need to be informed of the next steps so you understand that the process is not stalled indefinitely; there’s a future out there and a light on the horizon.

Still Have Questions? Ready To Get Started?

For more information on Common Pitfalls In Probate Litigation, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.