New York residents have a lot to handle after the death of a loved one. Unfortunately, their situations may only become more complicated if the decedent's estate plan was missing important documents or if a lack of clarity regarding beneficiaries exists. This type of scenario may mean that loved ones have to go through probate litigation or take other action in order to address the complications.
People in New York and across the country often think that they should receive some type of inheritance from a deceased loved one's estate. In many cases, family members or other close parties are entitled to assets, but in others, certain documents may indicate that a family member no longer has a claim to certain assets. However, the situation may not end there, and probate litigation could begin in efforts to obtain those assets.
Though most New York residents love their family members a great deal, it can often be difficult to show that love in a manner that everyone feels is equal or at least fair. This type of scenario can become especially prominent after a parent or other close loved one dies. The person may have distributed assets in a manner he or she felt appropriate, but the surviving family may have issues with the distribution that could lead to probate litigation.
Settling a recently-deceased person's estate is a complicated affair. The executor plays the biggest role in handling the necessary obligations associated with probate, and because of this, many heirs or beneficiaries may feel out of the loop. However, they may notice that the executor has not acted properly and could feel that probate litigation is necessary.
Sibling rivalry is common in many New York families. For some, the disputes may only present themselves as small bouts of jealousy, but for others, the conflicts can be so severe that legal action is necessary to resolve them. After the death of a parent, fighting among siblings could easily lead to probate litigation.
Family relationships are often complicated. Though people may have a profound love for their family members, they may make decisions that have negative impacts on those family members' lives. In some cases, parties may find out that deceased loved ones' choices severely altered their lives and could wonder whether they could pursue probate litigation.
While many families may hope to come together after loved ones' deaths, that is not always the case. Some individuals -- siblings included -- could end up facing significant disputes over the remaining estate of their loved one. Such cases could escalate to points at which probate litigation may occur to have the matter formally addressed.
There are many reasons why loved ones may feel unsettled about the manner in which a recently-passed family member distributed his or her assets. Some parties may think that they were unjustly disinherited, and others may think that someone took advantage of the loved one for personal gain. In these cases, it is not unusual for will contests to take place.
If New York residents feel that their loved ones' final wishes are not being followed, they may not know what their legal options are. If individuals believe that a document was created without the proper authority or that it does not reflect a family member's true wishes, it is possible that legal action may be necessary. Will contests can help ensure that deceased loved ones' wishes are honored. However, there must be specific reason for this legal action to take place.
In some cases, when a family member dies, the surviving loved ones may feel shocked when they learn about how his or her remaining estate will be distributed. In an ideal scenario, New York family members would have discussed estate plans and knew what to expect when the loved one passed away, but that is not always the case. In fact, surprise property distributions can sometimes lead to will contests.