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Feeling cheated, jealousy could lead to probate litigation

| Dec 5, 2018 | Probate |

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.

Many children often have an idea of what a parent will leave them after death. When that idea does not turn out to be the reality of the situation, strife can result. A person may claim that the parent wanted him or her to have a certain item, and often, the executor is left to decide whether to let that person have an unspecified asset. However, if the person is given the item, other beneficiaries may feel cheated.

Closing an estate also puts a lot of pressure on the executor. The person will have to make sure that he or she completes every step of the process correctly, and the executor may also have to contend with the judgment of other family members. Siblings who were not named as executor may question the named party’s every move, and they may also accuse the executor of not acting appropriately. In such cases, a lawsuit could result over claims of breaching fiduciary duty.

Settling an estate can be complicated enough without probate litigation, but it is not always avoidable. As a result, New York executors may need help in ensuring that the situation is handled properly. Fortunately, probate attorneys are available, and interested parties can seek professional legal help for such scenarios.