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The Most Common Issues During Probate in Palm Beach County

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In an ideal world, families will navigate the probate process in Palm Beach County quickly and without any issues. Unfortunately, we do not live in an ideal world and the average family may face all kinds of problems while navigating probate. Whether you’re already going through probate, or you expect to face this challenge in the near future, it makes sense to prepare for the most common problems.

Contesting the Will 

Sometimes, beneficiaries will challenge or “contest” the Will during probate. They may assert that it is not valid for various reasons. Although there are many reasons a Will might be invalidated, beneficiaries often claim that the decedent was mentally incapacitated at the time of its creation. They might also claim that the Will was made under duress. Some even claim that the Will and its signature are entirely fraudulent.

 Issues With the Personal Representative, also commonly referred to as an Executor 

Various issues may also emerge with the Personal Representative. First, he or she might refuse to carry out their duties. They might face their own personal issues at the time of the decedent’s passing, and they may not have time to take on this time-consuming responsibility. Some executors attempt to carry out their duties and then become overwhelmed. Whatever the case may be, the court may need to appoint someone else if the first candidate steps down. This can be a time-consuming process.

 The Emergence of a More Recent Will 

During probate, someone might claim to have possession or knowledge of a newer, more recent Will. If the newer Will is valid, it will supersede the existing Will. That being said, the court must carefully verify whether this new Will is legitimate. The new Will might have been forged, and it might be part of a strategy to lay claim to considerable assets.

 Complex Assets 

Even if there are no issues with the Will or the executor, parties may still struggle to assess and locate various complex assets in a decedent’s estate. Some might have unclear values, and some might be highly illiquid. Examples include family businesses, art collections, antiques, collectibles, crypto tokens, and much more.

 Debts

 Personal Representatives will need to address both the assets and the liabilities of the decedent. Debts can be particularly complex during probate, and the Personal Representative must settle them before disbursing the remaining assets to the beneficiaries. In some cases, the liabilities of a decedent may be greater than their assets; however, it may be possible to reduce these liabilities through various strategies. An experienced probate lawyer may be able to help with this process.

Can a Probate Lawyer in Palm Beach County Help? 

probate lawyer in Palm Beach County may be able to help you overcome various challenges. Although online research can help you predict some of the most common issues during probate, each family’s experiences are different. To discuss your unique concerns and challenges during probate, consider speaking with Kitroser Lewis & Mighdoll today.

Sources: 

help.flcourts.gov/Other-Resources/Probate

floridabar.org/the-florida-bar-journal/mental-illness-and-the-right-to-contract/

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