Probate can stir up strong emotions, especially when it involves money or property. Disagreements often lead to court battles that delay the process and increase stress for everyone. Knowing the common issues helps you prepare for what might come.
Will contests
One of the most common probate disputes is a will contest. Someone may claim the will is invalid due to forgery, undue influence, or lack of mental capacity. In New York, the person objecting must file their challenge before probate is granted. Courts often examine medical records, witness statements, and the circumstances surrounding the will’s creation.
Executor misconduct
Executors hold a lot of power over the estate. If they act dishonestly or mismanage assets, beneficiaries can take legal action. Common complaints include hiding assets, delaying distributions, or using estate funds for personal use. New York law allows for the removal of an executor if they fail to act in the estate’s best interest.
Disputes over asset distribution
Family members often argue over who gets what. Even when a will exists, vague language or missing updates can cause confusion. Tensions rise if someone feels left out or believes the division is unfair. These arguments can slow down the process and increase legal costs.
Claims from omitted heirs
Sometimes, a potential heir believes they were wrongly excluded from the will. This can happen if the will was written before a birth, marriage, or divorce. New York courts may consider whether the omission was intentional or an oversight.
Outdated or multiple wills
When more than one version of a will exists, questions arise about which one is valid. The most recent properly executed will usually controls. But if the newer will is unclear or disputed, the court may step in to interpret the testator’s intent.
Understanding these issues helps you spot red flags early and manage expectations during probate.
