Probate disputes are difficult to deal with. Missouri probate can be complicated and lengthy when parties are battling over assets or inheritance. Understanding why these disputes come up can help you handle them, and avoid them. Having the right attorney at your side can make all the difference.
The estate planning attorneys at Mark Harford Law can help you handle probate disputes, or pre-plan to avoid them from the very start. We’re here to help you avoid or handle these common reasons for probate disputes.
1. Ambiguous or Outdated Wills
One of the top drivers of probate conflict is a will that is unclear, contradictory, or simply outdated. Missouri courts rely heavily on the written terms of a will, but when those terms are vague, family members may interpret the language differently.
Common issues include:
- Missing or contradictory instructions
- Beneficiaries added or removed informally
- Assets referenced in the will that no longer exist
- Handwritten changes that don’t meet Missouri’s legal requirements
Beneficiaries can seek legal advice on the interpretation of a will’s ambiguous language. Otherwise, settlement negotiations or mediation can help resolve any conflict without going to court.
2. Allegations of Undue Influence
Missouri probate courts frequently see disputes involving claims that someone pressured the deceased into changing their will. This often arises when:
- A vulnerable person relied heavily on a caregiver
- A new beneficiary appears unexpectedly
- Major changes were made late in life
Parties are able to look into the facts of the case to determine if there was undue influence. If so, they can also investigate the true intentions of the testator before their passing.
3. Questions About the Will’s Validity
A will may be challenged if someone believes it was not executed properly under Missouri law. Common claims include:
- The will was not signed in front of two witnesses
- The deceased lacked testamentary capacity
- The document is a forgery
- Multiple versions of the will exist
A formal will contest may be necessary. There are short deadlines for challenging a will, so its crucial to talk with an attorney right away when you know there is a problem.
4. Disputes Over Executor Conduct
Executors have certain ethical obligations to manage the estate the right way. If they mishandle assets or act in their own best interest, disputes can happen.
Common complaints include:
- Failure to provide required accountings
- Selling property below market value
- Favoring certain beneficiaries
- Poor communication
Beneficiaries can request court oversight, compel an accounting, or petition to remove the executor.
5. Unequal or Unexpected Inheritances
Even if a will is perfectly valid, people get upset if they feel they didn’t get their fair share. This could be based on a past relationship with the testator or even unique family structures.
While “fairness” alone is not grounds for a legal challenge, beneficiaries can explore whether the will reflects the deceased’s true intent or whether other legal tools apply, such as family allowances or elective share rights.
6. Disputes Over Non-Probate Assets
Missouri families are often surprised to learn that many assets pass outside probate, including:
- Transfer-on-death (TOD) deeds
- Payable-on-death (POD) accounts
- Jointly owned property
- Life insurance policies
Beneficiaries may have to challenge the designation correctly or look into financial records if there are suspected problems.
7. Lack of Communication and Mistrust
Many probate disputes are not purely legal, they’re emotional. When families don’t receive updates or feel excluded from decisions, suspicion grows quickly.
To avoid this, executors and anyone involved in the estate should provide:
- Regular communication
- Transparent documentation
- Early involvement of an attorney
- Early use or dispute resolution or mediation
Get Legal Help with Probate Disputes in Missouri
If you’re dealing with a probate dispute, you want an attorney that is highly experienced in resolving these complex matters. There are powerful legal strategies the right lawyer can employ towards your interests.
Let the dedicated estate planning attorneys at Mark Harford Law help you. Contact us today for a consultation.